G.Venkata Reddy v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:14.10.2019 Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition Nos.29174, 29178, 29180, 29183 & 29184 of 2019 and W.M.P.Nos.29876, 28980, 28984 and 28986, 28989 and 28991 of 2019 G.Venkata Reddy .. Petitioner in W.P.No.29174 of 2019 Y.Gundappa .. Petitioner in W.P.No.29178 of 2019 1.Y.Suresh Reddy 2.Y.Manjunath Reddy .. Petitioners in W.P.No.29180 of 2019 K.Murugesh .. Petitioner in W.P.No.29183 of 2019 N.Yella Reddy .. Petitioner in W.P.No.29184 of 2019 Vs.
1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maligai No.144, Anna Salai, Chennai 600 002.
2.The Chief Engineer, Tamil Nadu Transmission Corporation, (TRANTRANSEO),Chennai 600 002.
3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, Krishnagiri.
4.The District Collector, Krishnagiri District, Krishnagiri.
5.The Assistant Executive Engineer, Transmission Line Construction, (TRANTRANSEO), Housing Board Complex, Krishnagiri.
6.M/s Exide Industries Ltd., Chichuraganapalli Village, Sevaganapali Village & Post, Hosur Taluk, Krishnagiri District.
Respondents in all cases Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 to proceed the erection of 110KV DC Line and DC tower with panther conductor for making LILO of Hosur-Zuzuvadi-Bagalur 110KV feeder at proposed sevaganapalli 110/33KVSS approved by the 2nd respondent in memo No.CE/C/TR/SE/C11/TR/EEC/A3/F Profile/D862/18 dated 26.10.2018 through an alternative route as per the submission made by the petitioner to the 4th respondent at the time of enquiry on 27/09/2019 viz through the survey numbers 106, 108, 109, 106, 95,93,97,195, situated at Koosthanapalli village, Eachangur Village Panchayat, Hosur Taluk, Krishnagiri District. For Petitioners :Mr.I.Paranthaman (in all cases) For Respondents :Mr.
Abdul Saleem for R1 to R3 (in all cases) Mr.N.Inbanathan, AGP for R4 COMMON ORDER Heard Mr.I.Paranthaman, learned counsel appearing for the petitioners and Mr.Abdul Saleem, learned counsel for respondents 1 to 3 and Mr.N.Inbanathan, learned Additional Government Pleader, for the 4th respondent.
2.The prayer in these writ petitions is to issue a Writ of Mandamus directing respondents 1 to 5 to proceed the erection of 110KV DC Line and DC tower with panther conductor for making LILO of Hosur-Zuzuvadi-Bagalur 110KV feeder at proposed sevaganapalli 110/33KVSS approved by the 2nd respondent in memo No.CE/C/TR/SE/C11/TR/EEC/A3/F Profile/D862/18 dated 26.10.2018 through an alternative route as per the submission made by the petitioner to the 4th respondent at the time of enquiry on 27/09/2019 viz through the survey numbers 106, 108, 109, 106, 95,93,97,195, situated at Koosthanapalli village, Eachangur Village Panchayat, Hosur Taluk, Krishnagiri District.
3. The case of the petitioners is that the erection of 110KV DC Line and DC tower with panther conductor for making LILO of Hosur-Zuzuvadi-Bagalur passes through the land of the petitioners and other land owners in their village. Since there
is an alternate route available through Government land and situated at shorter distance, the petitioners gave representation on 27.09.2019 to the fourth respondent/District Collector, Krishnagiri to spare their lands and permit respondents 2 and 3 to erect the towers through the alternate route.
4. The learned counsel appearing for respondents 1 to 3 states that the matter for permitting respondents 2 and 3 to enter upon the land and erect towers is pending before the fourth respondent/District Collector for the past one month and the alternate route suggested by the petitioners and the sketch which is now annexed in the typed set of papers, were not furnished to the District Collector/4th respondent. Hence, there is a delay in disposal of the enter upon permission sought by respondents 2 and 3. If the route suggested by the petitioners is feasible and order is issued by the fourth respondent/District Collector, respondents 2 and 3 are ready to abide by this order.
5. The learned Additional Government Pleader appearing for the fourth respondent submits that if the writ petitioners herein produce the sketch to the District Collector and participate in the enquiry, the District Collector is ready to dispose of the representation and complete the enquiry within a period of four weeks.
6. Recording the same, these writ petitions are disposed of with a direction to the writ petitioners herein to present the alternate route suggested by them to the fourth respondent/District Collector within a period of one week from the date of receipt of a copy of this order. Thereafter, the fourth respondent/District Collector shall consider the enter upon permission sought by the respondents 2 and 3 as well as the objections of the writ petitioners herein and pass appropriate orders, within a period of four weeks. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:
1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maligai No.144, Anna Salai, Chennai 600 002.
2.The Chief Engineer, Tamil Nadu Transmission Corporation, (TRANTRANSEO), Chennai 600 002.
3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, Krishnagiri.
4.The District Collector, Krishnagiri District, Krishnagiri.
5.The Assistant Executive Engineer, Transmission Line Construction, (TRANTRANSEO), Housing Board Complex, Krishnagiri.
+5cc to M/s.I.Paranthaman, Advocate SR.Nos.85806 to 85810 AKM/14.10.19/4P-11C / W.P.Nos.29174, 29178, 29180, 29183 & 29184 of 2019 and W.M.P.Nos.29876, 28980, 28984 and 28986,28989 and 28991 of 2019