M/S.P.Duraisamy Maharajha v. The District Collector Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.23811 of 2018 M/s.P.Duraisamy Maharajha Rice Mills (P) Ltd., Represented by its Director, D.Rakkiappasamy, 156, Kovai Road, Kadaiyur, Kangayam - 638 701, Tiruppur District.
.. Petitioner Vs 1.The District Collector Cum District Magistrate, Tiruppur District, Tiruppur.
2.The Deputy General Manager (Survey), Salem Main Road, Bharathi Nagar, Sankagiri - 637 307, Salem District.
3.The Tahsildar, Kangayam, Kovai Main Road, Kangayam - 638 701.
4.The Chairman, B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi - 110 016.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents 1 and 2 to forthwith consider and pass orders on the representation of the petitioner dated 07.08.2018 in accordance to law with respect to considering the petitioner's request of alternative proposal for erecting High Tension Transmission Towers at north end corner of the petitioners land. For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader
for R1 & R3 Mr.J.S.Dolia for M/s.Iyer and Dolia for R2 & R4
O R D E R
The petitioner has come up with this writ petition seeking a direction to the respondents 1 and 2 to forthwith consider and pass orders on their representation dated 07.08.2018 with regard to erection of High Tension Transmission Towers in their land.
2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 07.08.2018, but, the same is yet to be considered by the respondents 1 and 2. Hence, the present writ petition.
3. The learned Special Government Pleader appearing for the respondents 1 and 3, on instructions, submitted that the first respondent would consider the representation of the petitioner on merits.
4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 07.08.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as other interested parties, within a period of six weeks, from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. No costs.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ms To 1.The District Collector Cum District Magistrate, Tiruppur District, Tiruppur.
2.The Deputy General Manager (Survey), Salem Main Road, Bharathi Nagar, Sankagiri - 637 307, Salem District.
3. The Tahsildar, Kangayam, Kovai Main Road, Kangayam - 638 701.
4. The Chairman, B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi - 110 016.
+1 CC to Mr.P. Saravana Sowmiyan, Advocate sr 64031. +1 CC to M/s. Aiyar and Dolia, Advocate sr 64254. +1 CC to Govt. Pleader sr 64154.
W.P.No.23811 of 2018 VGII(CO) SP(28/09/2018)