Mr. N.Palanivelu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.30775, 30777, 30778 & 30780 of 2019 and W.M.P.Nos.32924, 32927, 32928 & 32929 of 2019 N.Palanivelu
...Petitioner in W.P.30775/2019
Vijayalakshmi Palanivelu ...Petitioner in W.P.30777/2019 T.Murugesan ...Petitioner in W.P.30778/2019 T.Arun Prakash ...Petitioner in W.P.30780/2019 Vs.
1.
The District Collector, First Floor, Collectorate, Kancheepuram - 631 501.
2.
Power Grid Corporation of India, Represented by its Chairman and Managing Director, Plot No.2, Sector 29, Near IFFCO Chowk, Gurgoan, Haryana - 122 001.
3.
The Executive Director, Singanayakanahalli, Near RTO Driving Test Track, Yelahanka, Hubli, Banglore-560 064.
4.
No.2/16, First Lane, North Usman Road, T.Nagar, Chennai-600 017. ...Respondents in all W.Ps. ( R3 and R4 impleaded vide order dated 13.12.2021 of this Court in W.M.P.Nos.32924, 32927, 32928 & 32929 of 2019 in W.P.Nos.30775, 30777, 30778 & 30780 of 2019 respectively) C O M M O N P R A Y E R:
Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent
to dispose of the representation dated 05.04.2019 and the 1st respondent to dispose of the representation dated 09.08.2019 within stipulated period of time granted by this Honourable Court.
For Petitioner : Mr.V.Perumal in all WPs For Respondent R1: M/s.C.Sangamithirai Special Government Pleader in all WPs For Respondent R2: M/s.Aiyar & Dolia Standing Counsel in all WPs C O M M O N O R D E R The petitioners have filed these writ petitions seeking for issuance of Writ of Mandamus to direct the 2nd respondent to dispose of the representation dated 05.04.2019 and the 1st respondent to dispose of the representation dated 09.08.2019 as early as possible.
2. The case of the petitioners is that they have purchased a land measuring 18.39.5 acres and developed a layout called "Vel's Doctors Metropolis" and have obtained approval under the Town and Country Planning Act on 12.09.2006 and Municipal Council has also approved the same in its meeting dated 20.12.2006. Whileso, the 2nd respondent erected High Tension towers, which pass directly through the petitioners' land and it will prevent the petitioners from using the land. Hence, objecting the same, the petitioners sent a letter dated 13.11.2015 to the 2nd respondent, mentioning the above facts and requested for compensation. Thereafter, the petitioners have sent several representations and finally on 05.04.2019, however, no orders have been passed on the same by the 2nd respondent. Such being the circumstances, the petitioners sent a representation dated 09.08.2019 to the 1st respondent, however, no action has been taken by the 1st respondent. Hence, the present petitions are filed.
3. Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents herein to consider the petitioners' representation dated 05.04.2019 and 09.08.2019 and to pass orders on the same within a time stipulated by this Court.
4. The learned standing counsel appearing for the 2nd respondent submitted that, the grievance of the petitioner has
to be ventilated before the Senior Deputy General Manager, Power Grid Corporation of India Limited, 400KV Sub-station, Pennalur, Sriperumbudur-602 117, Kancheepuram District, instead of which, the petitioners have wrongly made representation before the 2nd respondent, which is not sustainable. Hence, he prays that this Court may issue direction to the petitioners to file appropriate representation before the competent authority.
5. In view of the above submissions, since the petitioners have made representations before the authority who is not competent to pass orders, this Court directs the petitioners to make representation before the competent authority within a period of two weeks from the date of receipt of a copy of this order. If such representation is made, the respondents may consider the same and pass appropriate orders within a period of four weeks thereafter.
6. Accordingly, the writ petitions are disposed of. No costs. Permission is granted to the petitioner to file appropriate representation before the Senior Deputy General Manager, Power Grid Corporation of India Limited, 400KV Substation, Pennalur, Sriperumbudur-602 117, Kancheepuram District within a period of two weeks from the date of receipt of a copy of this order.
Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar skt To 1.
The District Collector, First Floor, Collectorate, Kancheepuram - 631 501.
2.
The Chairman and Managing Director, Power Grid Corporation of India, Plot No.2, Sector 29, Near IFFCO Chowk, Gurgoan, Haryana - 122 001.
3.
The Executive Director, Singanayakanahalli, Near RTO Driving Test Track, Yelahanka, Hubli, Banglore-560 064.
4.
No.2/16, First Lane, North Usman Road, T.Nagar, Chennai-600 017.
5. The Senior Deputy General Manager, Power Grid Corporation of India Limited, 400KV Sub-station, Pennalur, Sriperumbudur Kancheepuram District (602 117) +1cc to M/s.Aiyar & Dolia, Advocate SR.No.66516 +1cc to Mr.V.Perumal, Advocate SR.No.66360 W.P.Nos.30775, 30777, 30778 & 30780 of 2019 and W.M.P.Nos.32924, 32927, 32928 & 32929 of 2019 GPL(CO) GMY(17/03/2022)