Madras High CourtWP/24949/2022disposed of with direction

K.Palaniswamy v. The District Collector

2024-09-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Palaniswamy ... Petitioner Vs.

1.The District Collector, Coimbatore, Coimbatore District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Coimbatore North, Coimbatore.

3.The Assistant Engineer, Tamil Nadu Electricity Board, Pasur Post, Coimbatore-641 653. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the third respondent to consider the petitioner's representations dated 07.11.2020 and 25.08.2022 and the application dated 17.02.2021 with regard to shifting of the high

voltage wire, 50 meters far away from Survey Nos.379/1A2 and 377/2, 377/3 and also Survey No.369/1A2 situated at Annur-Mettupalayam Village, Annur Taluk, Coimbatore District.

For Petitioner :

M/s.Abrar MD Abdullah For Respondents : Mr.L.Jai Venkatesh TNEB

O R D E R

This Writ Petition has been filed to direct the third respondent to consider the petitioner's representations dated 07.11.2020 and 25.08.2022 and the application dated 17.02.2021 with regard to shifting of high voltage wire, 50 meters far away from Survey Nos.379/1A2, 377/2, 377/3 and 369/1A2 situated at Annur-Mettupalayam Village, Annur Taluk, Coimbatore District.

2. The case of the petitioner is that the petitioner is the owner of the land in Survey Nos.379/1A2 and 377/2 and has taken the land in Survey No.377/3 for lease for a period of 20 years from his brother, Arumugasamy

and he gave application on 23.01.2017 to the Industrial Department seeking quarrying lease to extract quarts and feldspar in the aforementioned survey numbers, pursuant to which, the first respondent has directed the second respondent to conduct inspection and submit a report and the second respondent has submitted a report dated 10.11.2017 to the first respondent stating that there is a high voltage wire in Survey No.367. Therefore, the petitioner made representations dated 07.11.2020 and 25.08.2022 and the application dated 17.02.2021 for shifting high voltage wire, 50 meters far away from Survey Nos.379/1A2, 377/2, 377/3 and 369/1A2 situated at Annur-Mettupalayam Village, Annur Taluk, Coimbatore District, however, the same have not been considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to dispose of the representation of the petitioner, dated 25.08.2022, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents have no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner, dated 25.08.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

05.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The District Collector, Coimbatore, Coimbatore District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Coimbatore North, Coimbatore.

3.The Assistant Engineer, Tamil Nadu Electricity Board, Pasur Post, Coimbatore-641 653.

M.DHANDAPANI, J.

ssb 05.09.2024