Dr.R.Rangarajan v. The District Magistrate/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.30683 of 2016 and WMP No.26584 of 2016 Dr.R.Rangarajan ...
Petitioner Vs 1.The District Magistrate/District Collector, Thiruvallur District, Thiruvallur.
2.The Superintending Engineer, TANTRANSCO Transmission Line, Guindy, Chennai - 600 032.
[R-2 substituted as per order of this court dated 02.09.2016] 3.The Addl. Divisional Engineer, TANGEDCO Transmission Line, Korattur, Chennai - 600 080.
...
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issue of writ of Mandamus directing the 1st respondent to consider the representations of the petitioner dated 18.08.2016 and 26.08.2016 submitted by the petitioner's institutions seeking re-routing of the High Tension Electricity lines now sought to be erected through the petitioner's educational institutions' campus situated in Survey Nos.317/1B, 317/1C, 325, 35 etc. of Morai/Vellanur Villages and conduct an enquiry and pass order for re-routing the erection of high tension electricity line through the shorter and economical alternative route through Government lands and unused vacant dry lands available in the near vicinity of the petitioner's campus. For Petitioner : Mr.S.Thanka Sivan For R-1 : Mr.V.Jayaprakash Narayanan Special Govt. Pleader For R-2 & R-3 : Mr.Abdul Saleem
O R D E R
The petitioner is the Chairman of Group of Educational Institutions. High Tension Electricity Line is sought to be drawn through the educational institution and therefore the petitioner gave representation on 18.08.2016 and 26.08.2016 requesting the respondents to re-route the High Tension Line so that the same does not go across the campus but crosses only on the margin of the campus. Since the representations did not evoke any response, the petitioner has come before this Court by way of this writ petition.
2. Heard Mr.S.Thanka Sivan, learned counsel appearing for the petitioner, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the first respondent and Mr.Abdul Saleem, learned counsel appearing for the second and third respondents.
3. Mr.Abdul Salem, learned counsel appearing for the second and third respondents, on instruction would submit that the representations of the petitioner dated 18.08.2016 and 26.08.2016 requesting the respondents to draw the High Tension Electricity Line on the margin of the property so that the line does not cross the campus, would be considered subject to feasibility, within a period of two (2) weeks. Iti s also submitted that by mistake, the second respondent has been described as "The Superintending Engineer, TANGEDCO Transmission Line, Guindy, Chennai - 600 032" whereas the correct authority is "The Superintending Engineer, TANTRANSCO, Transmission Line, Guindy, Chennai - 600 032".
Accordingly, the same is substituted.
4. Taking into consideration the submissions made by the learned counsel, the second respondent (TANTRANSO) is directed to consdier the representations of the petitioner dated 18.08.2016 and 26.08.2016 and pass appropriate orders, on merits and in accordance with law, after giving opportunity to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. Till a decision is taken, the respondents are directed to defer the action of drawing High Tension Electricity line inside the petitioner's property.
5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected W.M.P is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Magistrate/District Collector, Thiruvallur District, Thiruvallur.
2.The Superintending Engineer, TANTRANSCO Transmission Line, Guindy, Chennai - 600 032.
3.The Addl. Divisional Engineer, TANGEDCO Transmission Line, Korattur, Chennai - 600 080.
+1cc to the Government Pleader Sr.50160 +1cc to Mr.S.Thankasivan, Advocate sr.50136 W.P. No.30683 of 2016 pur[co] srg 22/09/2016