Babu@Santharam v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2019 CORAM::
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.NO.16165 OF 2019 & W.M.P.NO.15894 OF 2019 Babu @ Santharam, S/o.Late Ramasamy Reddiar, Senkurichi Village, Ulundur Pettai Vattam, Villupuram District.
... Petitioner /versus/
1. The District Collector, Villupuram.
2. The Superintendent of Police, Villupuram.
3. The Tahsildar, Ulundurpettai, Villupuram District.
4. The Executive Engineer, Tamil Nadu Electricity Board, Kallakurichi.
5. The Officer Incharge, Power Grid Corporation of India Limited, F-40, Jawaharlal Nehru Salai, Block-25, Neyveli Town, Cuddalore District.
6. The Senior Deputy General Manager, Power Grid Corporation of India Limited, Ulundurpettai TLC, No.1, Pachaiappa Nagar, Thiruvennainallur Road, Ulundurpettai, Villupuram District - 606 107. ... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, forbearing the respondents 5 and 6 from entering and erecting over head line Transmission Tower in petitioner's land situated in S.No.42, 36 and 33 in Senkurichi Village, Ulundurpettai Taluk, Villupuram District
till the completion of enquiry by 3rd respondent as ordered by 1st respondent in his proceedings O.Mu.Ass/10313/2019 dated 25.04.2019 and also passing of final orders by 1st respondent. For Petitioner : Mr.S.Sounthar For R1 to R4 : Mr.N.Inbanathan, Additional Government Pleader For R5 & R6 : Mr.R.Thiyagarajan, Senior Counsel for M/s.Aiyar & Dolia
O R D E R
O R D E R
Heard the Learned Counsel for the petitioner and the Learned Counsel for the respondents.
2. The grievance of the petitioner is that he has given the representation to the 1st respondent objecting erection of over Head Line Transmission Tower in his land on the ground, it would obstruct free flow of flood water and availability of alternate other waste land in the adjacent locality.
3. It is contended by the learned counsel for the petitioner that the respondents 5 and 6, without waiting for the outcome of the enquiry pending before the 1st respondent/the District Collector, are trying to enter upon his land to put up Transmission Tower. Hence, the present Writ Petition.
4. After notice, the learned counsel for the respondents have filed counter. In the counter it is stated that due to obstructions caused by the petitioner herein, the respondents has referred the matter to the District Collector, Villupuram, to remove obstructions and the matter is pending before him. Till the District Collector, Villupuram, passes order, they will not enter upon the petitioner's land.
5. Recording the same, the Writ Petition is disposed of. With direction to the 1st respondent/District Collector, Villupuram, to pass orders in the obstruction petition, within a period of four weeks, from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar bsm
To 1.
The District Collector, Villupuram.
2.
The Superintendent of Police, Villupuram.
3.
The Tahsildar, Ulundurpettai, Villupuram District.
+1cc to Mr.S.Sounthar, Advocate, S.R.No.56214 +1cc to M/s.Aiyar & Dolia, Advocate, S.R.No.56299 +1cc to the Government Pleader, S.R.No.56519 W.P.No.16165 of 2019 PM(CO) CS/06/08/2019