Madras High CourtWP/16249/2017disposed of

N.Subburaya Gounder v. The District Collector

2017-06-29Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.16249 of 2017 and W.M.P.No.17585 of 2017 N.Subburaya Gounder .. Petitioner Vs 1.The District Collector, Tiruppur District, Tiruppur.

2.The Superintending Engineer, General Construction Circle, TANTRANSCO, Dr.Subbarayan Road, Tatabad, Coimbatore - 12.

3.The Executive Engineer, General Construction Circle, TANTRANSCO, Ellamedu, Ingur, Perundurai Taluk, Erode District.

.. Respondents Writ petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from erecting, drawing any High Tension Electricity Towers or Lines in the petitioner's lands bearing S.F.No.482/2 of Kallipalayam, Kozhumanguzhi Village, Dharapuram Taluk, Tiruppur District, until the strict compliance of Sections 10 and 16 of the Indian Telegraph Act, 1885 r/w Sections 68 and 164 of the Indian Electricity Act, 2003. For Petitioner ..

Mr.M.Easan For Respondents ..

Mr.O.Selvam, Govt. Advocate for R1 Mr.S.K.Rameshwar for R2 & R3

ORDER

Mr.O.Selvam, learned Government Advocate takes notice for the first respondent and Mr.S.K.Rameshwar, learned counsel takes notice for respondents 2 and 3.

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2.Seeking to forbear the respondents from erecting, drawing any High Tension Electricity Towers or Lines in the petitioner's lands bearing S.F.No.482/2 of Kallipalayam, Kozhumanguzhi Village, Dharapuram Taluk, Tiruppur District, the petitioner has filed the present writ petition.

3.It appears that the matter is pending before the District Magistrate/District Collector, Tiruppur, under Section 16 of the Indian Telegraph act, 1885. In such view of the matter, the said authority viz., the first respondent is directed to pass appropriate orders on the same, after due notice to the parties concerned, within a period of six weeks from the date of receipt of a copy of this order. Needless to state that till then, status quo as on today shall be maintained.

4.With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mmi To

1. The District Collector, Tiruppur District, Tiruppur.

2. The Superintending Engineer, General Construction Circle, TANTRANSCO, Dr.Subbarayan Road, Tatabad, Coimbatore - 12.

3. The Executive Engineer, General Construction Circle, TANTRANSCO, Ellamedu, Ingur, Perundurai Taluk, Erode District.

+ 1 cc to M/s.Va Vu Si Vazhakagam,Advocate,SR.45212 + 1 cc to M/s.S.K.Raameshuwar, Advocate,SR.45538 + 1 cc to The Govt.Pleader, SR.45760 W.P.No.16249 of 2017 NR 24/07/2017 https://hcservices.ecourts.gov.in/hcservices/