P.Chinnusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2019

CORAM:

THE HONOURABLE Ms. JUSTICE P.T. ASHA WP.No.15110 of 2019 and WP.MP.No.15096 of 2019 P.Chinnusamy ... Petitioner Vs 1.The District Collector, Office of the District Collector, Namakkal District, Namakkal.

2.The Chief Manager, Power Grid Corporation of India Limited, Karur TLC Office, Coimbatore- Trichy Main Road, K.Paramathy Village & Post, Karur District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for records of the first Respondent Order in "Na.Ka.26802/N.Pudhupatti (95/0)/2018/H.1" (dated 29.01.2019) and quash the same and consequently directing the first Respondent to consider these Petitioner's Objections after furnishing the Petitioners with the Route Approval, Check Survey, Re-Check Survey List, Angle Deviation, GPS Co-Ordinates, Distances between the

Towers, No. of Towers, Nature of Towers, Route Map of the Project with respect to the District of Namakkal, Project Report, with respect to the Implementation of the Pugalur to Thiruvalam 400 KVA Power Transmission Project in the Lands of the petitioner and also giving the Petitioner reasonable opportunity within a time frame fixed by the Court.

For Petitioner : Mr.V.Raghavachari for M.Guruprasad For Respondents : Mr.R.S.Selvam, GA for R1 : Mr. Kalyanaraman for M/s.Aiya & Dolia

O R D E R

The above writ petition has been filed challenging the order passed by the first Respondent on 29.01.2019, on the ground that the same has been passed without affording a personal hearing to the writ petitioner.

2.It is the case of the writ petitioner that originally, a hearing date was given on 07.11.2018 and the matter was not heard and no orders were passed and thereafter the next date of hearing has not been intimated to the writ petitioner and it is only when the impugned order has been served on the writ petitioner, he has come to know about that a hearing had been held on 21.01.2019 and orders passed thereafter.

3.Heard both sides.

4.Considering the fact that orders have been passed without affording a personal hearing to the writ petitioner, the matter is remitted back to the first Respondent to issue a fresh date of hearing to the petitioner and after giving a personal hearing to the writ petitioner pass orders. The District Collector is directed to issue notice to the writ petitioner, intimating the next date of hearing within a period of two weeks from the date of receipt of copy of this order. Thereafter after a personal enquiry orders shall be passed within a period of two months.

5.With the above directions, the present Writ Petition is disposed off. No costs. Consequently, connected Miscellaneous Petition is closed.

25.09.2019 Index:Yes/No Speaking order/Non-speaking order jrs/dua

P.T. ASHA, J.

jrs To 1.The District Collector, Office of the District Collector, Namakkal District, Namakkal.

2.The Chief Manager, Power Grid Corporation of India Limited, Karur TLC Office, Coimbatore- Trichy Main Road, K.Paramathy Village & Post, Karur District WP.No.15110 of 2019 and WP.MP.No.15096 of 2019 25.09.2019