Madras High CourtWP/15972/2017disposed of

C.M.Vijayalakshmi v. The Superintendent Engineer

2017-06-23Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.15972 of 2017 and W.M.P.No.17273 of 2017 C.M.Vijayalakshmi ... Petitioner Vs.

1. The Superintendent Engineer,

2. The Executive Engineer,

3. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Office of the Assistant Executive Engineer, Transmission Line Construction, Maraimalai Nagar 603 209.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents from erecting any post or pillar or draw any electricity line in the petitioner's land to an extended of 2 acre 27 cents bearing S.No.220/2 situated at Valla Village, Chengalpet Taluk, Kanchipuram District.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.S.K.Rameshwar for TNEB

O R D E R

Mr.S.K.Rameshwar, learned counsel takes notice for the respondents.

2.The grievance of the petitioner is that the high tension line is sought to be taken over his land apart from the erection of pillar. Under those circumstances, the petitioner made an objection on 21.06.2017, thereafter, filed this writ petition. 3.The objection of an occupier is a matter for consideration by the District Collector being the District Magistrate. In the case on hand, the District Collector, Kanchipuram is the District Magistrate. Unfortunately, the said representation has not been given to the District Magistrate nor he is made as a party.

4.In such view of the matter, the petitioner is at liberty to give such a request to the District Magistrate/District Collector, Kanchipuram, within one week from the date of receipt of a copy of this order. Thereafter, appropriate orders will have to be passed by the said within a further period of four weeks, after due notice to the parties concerned. Till such time, status quo as on today shall be maintained.

5. With the above direction, the writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar raja To

1. The District Collector/District Magistrate, Kancheepuram.

2. The Superintendent Engineer,

3. The Executive Engineer,

4. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Office of the Assistant Executive Engineer, Maraimalai Nagar 603 209.

+1cc to Mr.P.R.Thiruneelakandan, Advocate, S.R.No.44127 +1cc to Mr.S.K.Rameshwar, Advocate, S.R.No.44126 W.P.No.15972 of 2017 and W.M.P.No.17273 of 2017 CA(CO) CA(06/07/2017)