M.Sitaraman, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2015
CORAM
THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.2786 of 2015 & M.P.No.1 of 2015 M.Sitaraman .. Petitioner v.
1 The District Collector, Krishnagiri District, Krishnagiri.
2 The Chief Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Vesar Electricity Office, Vellore, Vellore District.
3 The Superintending Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Dharmapuri Electricity Distribution Circle, Opp. To Collector Office, Dharmapuri.
4 The Executive Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Royakottah Road, Hosur Krishnagiri District.
5 The Executive Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Bagalur, Hosur Taluk, Krishnagiri District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the the respondents 2 to 5 to consider the representation of the petitioner dated 13.01.2015 and forbear them from erecting the High Tension Big Power lines in the petitioner's agricultural lands Survey Numbers 8/2B, 8/2C in Koladhasapuram Village, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.M.Ramamoorthy For Respondents : Mr.S.Pattabiaman, Govt. Advocate - for R1 Mr.Varun Kumar Standing counsel for TNEB - for R2 to R5
ORDER
Mr.S.Pattabiaman, learned Government Advocate, takes notice for the 1st respondent and Mr.Varun Kumar, learned Standing counsel takes notice for the respondents 2 to 5.
2. The above writ petition has been filed by the petitioner to issue a Writ of Mandamus, directing the the respondents 2 to 5 to consider the representation of the petitioner dated 13.01.2015 and forbear them from erecting the High Tension Big Power lines in his agricultural lands in Survey Nos, 8/2B and 8/2C in Koladhasapuram Village, Hosur Taluk, Krishnagiri District.
3. It is the case of the petitioner that the respondents 2 to 5 are erecting the High Tension Big Power lines in the patta land in Survey Nos. 8/2B and 8/2C. Further, according to the petitioner, if the High Tension Big Power line is erected, the same will affect the livelihood. In these circumstances, the petitioner gave a representation to the respondents 2 to 5 on 13.1.2015 to remove the electric wholes erected in his land. However, according to the petitioner, respondents 2 to 5 have not considered the same yet.
4. Mr.Varun Kumar, learned Standing counsel for the respondents 2 to 5 submitted that the second respondent may be directed to consider and pass orders on the representation dated 13.01.2015, given by the petitioner, within a stipulated time.
5. Having regard to the submissions made by the learned counsel on either side, I direct the second respondent to consider the representation dated 13.01.2015 given by the petitioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj
To 1 The District Collector, Krishnagiri District, Krishnagiri.
2 The Chief Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Vesar Electricity Office, Vellore, Vellore District.
3 The Superintending Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Dharmapuri Electricity Distribution Circle, Opp. To Collector Office, Dharmapuri.
4 The Executive Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Royakottah Road, Hosur Krishnagiri District.
5 The Executive Engineer, TANGEDCO (Formerly Tamil Nadu Electricity Board) Bagalur, Hosur Taluk, Krishnagiri District.
1 cc to Government Pleader,Sr.No6378 1 cc to Mr.M.Ramamoorthy ,Advocate, SR.No.5990 1 cc to Mr. Varun Kumar,Advocate, SR.No.6324 W.P.No.2786 of 2015 & M.P.No.1 of 2015 kji(co) pmk.23.2.2015