S.Tamilarasi F/Age -58 v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.02.2016 Coram :
THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.No. 4817 OF 2016 & WMP No.4164 of 2016 S.Tamilarasi [ PETITIONER ] Vs 1 The District Collector District Collector Office Ariyalur, Ariyalur District 2 The Chairman Cum Managing Director Tamil Nadu Generation and Distribution Company Ltd 144 Anna Salai, Chennai-600 002 3 The Executive Engineer Generation and Distribution, TANGEDCO Ariyalur, Ariyalur District.
4 The Assistant Engineer Generation and Distribution TNGEDCO Jayankondam, Ariyalur District.
[RESPONDENTS] Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to direct the first respondent to consider the representation dated 20-11-2015 for removal or alter the two Electricity Poles with side pole and the wiring laid in the petitioner land bearing survey No. 123/6A to an extent of 1 acre in Periyavalayam Village, Udayarpalayam taluk by the 2 to 4th respondent.
For Petitioner : Mr.R.Amardeep For Respondents : Mr.M.L.Mahendran- R1 Addl.Govt.Pleader Mr.P.Gunaraj -R2 to R4 Standing Counsel
O R D E R
Heard Mr.R.Amardeep, learned counsel for the petitioner, Mr.M.L.Mahendran, learned Additional Government Pleader accepting notice for the first respondent and Mr.P.Gunaraj, learned Standing Counsel appearing for respondents 2 to 4 and with the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal. 2.The petitioner has filed this Writ Petition for issuance of a writ of mandamus to direct the first respondent to consider the representation dated 20-11-2015 for removal or alter the two Electricity Poles with side pole and the wiring laid in her land bearing survey No. 123/6A to an extent of 1 acre in Periyavalayam Village, Udayarpalayam taluk by the 2 to 4th respondent.
3.The allegation is that without the petitioner's consent Electricity Poles have been placed in her land and the petitioner has raised objection stating that the land will loose its value and her right to livelihood will be grossly affected. 4.The petitioner's representation was taken note of by the District Collector and has directed the third respondent to submit a report vide proceedings dated 11.12.2015. It appears that till date no such report has been submitted by the third respondent.
5.In the light of the above, there will be a direction to the third respondent to submit a report as called for by the District Collector, within a period of three weeks from the date of receipt of a copy of this order and on receipt of the said report, the District Collector shall, after notice to the petitioner and the third respondent, take a decision on the petitioner's objection/representation dated 20.04.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of report. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. rpa s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar
To 1 The District Collector District Collector Office Ariyalur, Ariyalur District 2 The Chairman Cum Managing Director Tamil Nadu Generation and Distribution Company Ltd 144 Anna Salai, Chennai-600 002 3 The Executive Engineer Generation and Distribution, TANGEDCO Ariyalur, Ariyalur District.
4 The Assistant Engineer Generation and Distribution TNGEDCO Jayankondam, Ariyalur District.
+ 1 cc to M/s.K.Amardeep, Advocate SR 8369 + 1 cc to M/s.P.Gunaraj, Advocate SR 8283 + 1 cc to Govt.Pleader High Court, Madras SR 8526 mp(Co) prk18/2 W.P.No. 4817 OF 2016