C.Suresh v. The District Collector/District Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 19-06-2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.A.No.1860 of 2019 C.Suresh ...
Appellant -vs1.The District Collector/District Magistrate, Office of the Collectorate, Tiruvallur District, Tiruvallur.
2.The Chief Engineer, Transmission Projects-I, TANTRANSCO, Guindy, Chennai - 32.
3.The Executive Engineer, Transmission Projects-I, TANTRANSCO, Guindy, Chennai - 32.
....
Respondents Appeal under Clause 15 of the Letters Patent against the Order, dated 26.03.2019, passed in W.P.No.8395 of 2019 on the file of this Court.
Prayer in W.P.No.8395 of 2019 : Writ Petition praying to writ of mandamus directing the Respondents respectively to dispose the petitioners representation dated 5-1-2019 to take immediate action and necessary steps to remove the existing (110000 votlS) HIGH TENSION overhead Power line in Survey No 429/08 For Appellant : Mr.T.Annaamalai For Respondents : Mr.M.Udayakumar,, Addl.Govt.Pleader.
JUDGMENT
(By Dr.Vineet Kothari,J.) Appellant - writ petitioner - Mr.C.Suresh is aggrieved by the order passed by the learned Single Judge, dated 26.03.2019, passed in W.P.No.8395 of 2019, by which, the learned Single Judge dismissed the said Writ Petition, in which the appellant claimed that his representation, dated 05.01.2019, should be decided by the District Collector, Tiruvallur, as, over the land on which he constructed his house, the respondent officials of TANTRANSCO laid power transmission lines, adversely affecting his house and land.
2. The learned Single Judge dismissed the Writ Petition, as the particulars of the property of the appellant - writ petitioner had not been clearly spelt out in the representation and even the name of the District was not mentioned and merely on making a vague averment that the property was situated in Survey No.429/108, the direction, as prayed for, could not be granted.
3. Having heard the learned counsel for the parties, we direct the appellant to approach the District Collector/District Magistrate, Tiruvallur, with proper representation, giving all the details, and adduce relevant evidence in support of his claim within a period of four weeks from today, in which event, the District Collector shall consider the said representation and, after giving an opportunity to the appellant, dispose of the same, by a speaking order within six weeks of the said representation being filed, as aforesaid.
4. Writ Appeal is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar dixit To 1.The District Collector/District Magistrate, Office of the Collectorate, Tiruvallur District, Tiruvallur.
2.The Chief Engineer, Transmission Projects-I, TANTRANSCO, Guindy, Chennai - 32.
3.The Executive Engineer, Transmission Projects-I, TANTRANSCO, Guindy, Chennai - 32.
+1cc to Mr.T.Annaamalai, Advocate SR.No.49740 W.A.No.1860 OF 2019 MG(CO) GMY(19/07/2019) GMY(05/08/2019)