Annamalai Nadar, v. The Executive Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18/12/2015 C O R A M THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.40012 of 2015

1. Annamalai Nadar

2. R.Chitra Devi ...

Petitioners Vs

1. The Executive Engineer Tamil Nadu Electricity Board P.S.G.Building Chennaimalai Road Kangeyam 638 701.

2. The Assistant Engineer Tamil Nadu Electricity Board Muthur Kangeyam Taluk.

3. The Junior Engineer Tamil Nadu Electricity Board Muthur West Muthur Kangeyam Taluk.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to forbear the respondents from erecting High Tension Power Line at the petitioner's land situated at Thiruppur Registration District, Kangeyam Sub-Registration District, Kangeyam Taluk, Pappini Village Survey No.233 and 236, Re-Survey No.1189/4 and 1190 to an extent of 3 acres 83 cents till the disposal of the petitioner's representation dated 8/12/2015.

For petitioner ...

Mr.M.Saravana Kumar For respondents ...

Mr.S.K.Rameshwar

O R D E R

With the consent of the learned counsel appearing for the parties, this writ petition is taken up for final disposal, at the admission stage itself.

2. Heard Mr.M.Saravana Kumar, learned counsel for the petitioner and Mr.S.K.Rameshwar for the respondents.

3. This writ petition has been filed praying to forbear the respondents from erecting High Tension Power Line at the petitioner's land situated at Thiruppur Registration District, Kangeyam Sub-Registration District, Kangeyam Taluk, Pappini Village Survey No.233 and 236, Re-Survey No.1189/4 and 1190, to an extent of 3 acres 83 cents, till the disposal of the petitioner's representation dated 8/12/2015.

4. The petitioner has raised an objection for erecting a High Tension Power Line in his property.

5. The objection of the petitioner was considered by the third respondent and a communication was sent to the petitioner's counsel on 26/11/2015, directing the petitioner, to produce necessary documents, within a period of seven days.

6. In response thereto, the petitioner has submitted a representation on 8/12/2015, requesting for six months time, to produce the documents.

7. The learned Standing Counsel, accepting notice on behalf of the respondents, submitted that it is not clear as to whether it is only a High Tension Line or High Tension Power Line. It is further submitted that the authorities may be directed to consider the representation, on merits and in accordance with law.

8. In the light of the above, without going into the merits of the claims made by the petitioner, there will be a direction to the third respondent, to consider the representation of the petitioner, dated 8/12/2015, and pass appropriate orders, on merits and in accordance with law, within a period of three weeks, from the date of receipt of a copy of this order.

9. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

mvs s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar

To

1. The Executive Engineer Tamil Nadu Electricity Board P.S.G.Building Chennaimalai Road Kangeyam 638 701.

2. The Assistant Engineer Tamil Nadu Electricity Board Muthur Kangeyam Taluk.

3. The Junior Engineer Tamil Nadu Electricity Board Muthur West Muthur Kangeyam Taluk.

+ 1 cc to Mr.M.Saravanakumar, Advocate SR 68461 + 1 cc to Mr.S.K.Raameshuwar, Advocate SR 68640 pur(co) prk4/1 W.P.No.40012 of 2015