Madras High CourtWP/17043/2018disposed of

V.Shankar, v. Union Of India,

2018-07-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.17043 to 17047 of 2018 V.Shankar ..

Petitioner in W.P.No.17043 of 2018 R.Raja ..

Petitioner in W.P.No.17044 of 2018 P.Munusamy ..

Petitioner in W.P.No.17045 of 2018 P.Pushpa ..

Petitioner in W.P.No.17046 of 2018 V.Jayaraman ..

Petitioner in W.P.No.17047 of 2018 -vs1. Union of India rep.by the Secretary Ministry of Power Government of India Shram Shakti Bhavan Rafi Marg New Delhi 110 001 .. 1st Respondent in all the writ petitions

2. The District Collector Dharmapuri District 2nd Respondent in W.P.Nos.17043 to Dharmapuri ..

17045 & 17047 of 2018

3. The District Collector Krishnagiri District Krishnagiri ..

2nd Respondent in W.P.No.17046 of 2018

4. The Assistant General Manager Power Grid Corporation of India Tirupattur HVDC TLC No.185, TNHB Phase-II Dharmapuri Main Road Tirupattur 635 601 ..

3rd Respondent in all the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to consider the representation(s) of the petitioner(s) dated 22.06.2018/27.06.2018/23.06.2018/ 25.06.2018/25.06.2018 on merits after giving the opportunity to the petitioners herein with a stipulated time frame and consequently direct the respondents herein to maintain the status quo till the disposal of the petitioner(s) representation (s) dated 22.06.2018/27.06.2018/23.06.2018/25.06.2018/ 25.06.2018 in S.F.Nos.151/1, 165/1A, 158/2A of Periyanahalli

Village, Karimangalam Taluk, Dharmapuri District, in S.F.No.401/2B of Chinna Koothampatti Village, Pochampalli Taluk, Krishnagiri District and in S.F.No.151/3B of Periyanahalli Village, Karimangalam Taluk, Dharmapuri District, respectively. For Petitioners :: Mr.M.Easan For Respondents :: Mr.B.Ramaratnam Central Government Standing Counsel for R1 Mr.V.Jayaprakash Narayanan Special Government Pleader for R2 Mr.Jayesh B.Dolia for M/s Aiyar & Dolia for R3

ORDER

The learned counsel for the petitioners submitted that the petitioners, being the absolute owners of the land covered in S.F.Nos.151/1, 165/1A, 158/2A of Periyanahalli Village, Karimangalam Taluk, Dharmapuri District measuring 1.38 cents; 0.86 cents; 1.09 cents; in S.F.No.401/2B of Chinna Koothampatti Village, Pochampalli Taluk, Krishnagiri District measuring 7.22 cents and in S.F.No.151/3B of Periyanahalli Village, Karimangalam Taluk, Dharmapuri District measuring 0.50 cents, respectively, have been doing agriculture. All of a sudden, the third respondent made arrangements to erect HT Tower for 800 KVA Power Transmission Routes from Pugalur to Raigarh through the petitioners' land. Although the petitioners objected for taking the HT Tower for 800 KVA Power Transmission Routes over their lands, it was not considered.

Subsequently, the petitioners approached the second respondent with their objections. But till now no action has been taken on their objections. It was further submitted that the respondents shall be injuncted from proceeding with the erection of the HT Tower for 800 KVA Power Transmission Routes through the petitioners' lands.

2. At this stage, the learned Special Government Pleader appearing for the second respondent submitted that two weeks time may be given to consider the petitioners objections and the representations made by the petitioners.

3. In view of the submission made by the learned Special Government Pleader, the second respondent is hereby directed to consider the pending representations and applications made by the petitioners within a period of two weeks from the date of receipt of a copy of this order.

4. In the meanwhile, there shall be an order of status quo.

5. In the result, the Writ Petitions are disposed of. Consequently, W.M.P.Nos.20291 to 20295 of 2018 are closed. No costs.

Sd/- Assistant Registrar(Cs V) //True Copy// Sub Assistant Registrar To

1. The Secretary to Union of India Ministry of Power Shram Shakti Bhavan Rafi Marg New Delhi 110 001

2. The District Collector Dharmapuri District Dharmapuri

3. The District Collector Krishnagiri District Krishnagiri

4. The Assistant General Manager Power Grid Corporation of India Tirupattur HVDC TLC No.185, TNHB Phase-II Dharmapuri Main Road Tirupattur 635 601 +1cc to Government Pleader SR.No.45319 +5cc to Mr.Easan, Advocate SR.No.44766 to 44770 +5cc to M/s.Aiyer & Dolia, Advocate SR.No.44812 sm:24.7.2018 W.P.Nos.17043 to 17047 of 2018