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Madras High CourtWP/13922/2022disposed of

K.Dhamodharan v. The District Collector

2022-06-10Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.13922 of 2022 and W.M.P.Nos.13180 & 13184 of 2022 1.K.Dhamodharan 2.D.Sundhar Raman ... Petitioners Vs.

1.The District Collector, Chengalpattu District, Chengalpattu - 603001.

2.The Superintending Engineer, TANGEDCO, No.130, GST Road, Chengalpattu - 603001.

3.The Assistant Engineer, T.N.E.B, Kadugupattu, Cheyyur Taluk, 4.The President, Panchayat Board, Kadugapatty Village, Elathur Union, 5.The Block Development Officer, Elathur Block, Elathur @ Pavanjur, 6.The Revenue Divisional Officer, Maduradhagam, Chengalpattu District - 603306.

7.The Tahsildar, Cheyyur Taluk, Chengalpattu District - 603302.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the objections of the petitioners dated 13.05.2022 on merits and in accordance with

law within a limited time frame with regard to drawal of high voltage power transmission lines through their respective patta lands in kadugupatty village, Cheyyur Taluk, Chengalpattu District.

For Petitioners: Mr.G.Punniakoti For Respondents: Mr.S.J.Mohammed Sathik Government Advocate [R1, R4 to R6] Mr.L.Jaivenkatesh T.N.E.B [R2 & R3]

ORDER

This Writ Petition has been filed for a Mandamus, seeking for a direction to the respondents to consider the objections of the petitioners dated 13.05.2022 on merits and in accordance with law, within a time frame to be fixed by this Court with regard to the erection of High Voltage Power Transmission Lines through the patta lands in Kadugupatty Village, Cheyyur Taluk, Chengalpattu District.

2. The petitioners' claim that they are the absolute owners of the aforementioned lands which are patta lands. According to the petitioners, the respondents have erected High Tension Voltage Power Transmission Lines through their patta lands. They seek for removal of the same. The petitioners have given a representation on 13.05.2022 stating their objections and requesting the respondents to remove the High Voltage Power Transmission Lines from their properties. Since the representation has not been considered till date, they have filed the present Writ Petition.

3. Heard Mr.G.Punniakoti, learned counsel for the petitioners. Mr.S.J.Mohammed Sathik, learned Government Advocate accepts notice on behalf of the respondents 1 & 4 to 6 and Mr.L.Jaivenkatesh, learned counsel accepts notice on behalf of the respondents 2 & 3.

4. The petitioners have filed documents along with this Writ Petition in support of their claim that they are the owners of the subject property. According to the petitioners, High Tension Electric Lines have been erected by TANGEDCO over their properties which are patta lands. They seek for removal of the same. They have also given a representation on 13.05.2022 to the respondents, requesting them to remove the High Tension Voltage Lines. Admittedly, the said representation has not been considered till date.

5. No prejudice will be caused to the respondents if the petitioners' representation is considered on merits and in

accordance with law, after affording the fair hearing to the petitioners including, granting them the right of personal hearing, within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioners' representation dated 13.05.2022, requesting the said respondent to remove the High Voltage Power Transmission Lines in their patta lands in Kadugupatty Village, Cheyyur Taluk, Chengalpattu District, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioners including, granting them the right of personal hearing.

7. With the aforesaid directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar Sni To 1.The District Collector, Chengalpattu District, Chengalpattu - 603001.

2.The Superintending Engineer, TANGEDCO, No.130, GST Road, Chengalpattu - 603001.

3.The Assistant Engineer, T.N.E.B, Kadugupattu, Cheyyur Taluk, 4.The President, Panchayat Board, Kadugapatty Village, Elathur Union,

5.The Block Development Officer, Elathur Block, Elathur @ Pavanjur, 6.The Revenue Divisional Officer, Maduradhagam, Chengalpattu District - 603306.

7.The Tahsildar, Cheyyur Taluk, Chengalpattu District - 603302.

+1cc to Mr.L.Jaivenkatesh, Advocate SR.No.343888 +1cc to Government Pleader SR.No.34595 W.P.No.13922 of 2022 MT(CO) GMY(29/06/2022)