M.Vellappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.1651, 1652 & 1655 of 2025

1. M.Vellappan

2. V.Venuraj ... Petitioners Vs.

1. The District Collector, Tiruchirappalli District, Tiruchirappalli - 620 001.

2. The Chief Engineer, TANTRANSCO, NPKRR Maaligai, No.114, Anna Salai, Chennai 600 002.

3. The Chief Engineer, Transmission Project-Ii, TANTRANSCO, 1/8

4. The Superintending Engineer - GCC TANTRANSCO,, Periyamilaguparai,

5. The Executive Engineer- TLC, TANTRANSCO, Periyamilaguparai,

6. The Assistant Executive Engineer - TLC, TANTRANSCO,,

7. The Assistant Engineer TLC, TANTRANSCO,, Periyamilaguparai, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order in Na.Ka.C1/ 16960/2019, dated 24.12.2024, passed by the 1st respondent and to quash the same with consequential direction, directing the respondents to lay the 230 KVA HT tower line in and through the Government Poramboke land, comprised in S.Nos.104/2 and 103, situate in Eragudi 2/8

South Village, Thuraiyur Taluk, Tiruchirappalli District, instead of laying the same in the petitioner's land comprised in S.Nos.104/4B and 105 of the said village by considering the petitioner's application dated 28.08.2024, within the time frame as may be fixed by this Court. For Petitioners : Mr.S.Senthil For R-1 : Mr.D.S.Neduncheliyan Government Advocate For R-2 to R-7 : Mr.S.Deenadhayalan Standing Counsel

ORDER

Mr.D.S.Neduncheliyan, learned Government Advocate takes notice for first respondent and Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the respondents 2 to 7. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. This writ petition has been filed challenging the impugned order passed by the 1st respondent in Na.Ka.C1/ 16960/2019, dated 24.12.2024, and to quash the same with consequential direction, 3/8

directing the respondents to lay the 230 KVA HT tower line in and through the Government Poramboke land, comprised in S.Nos.104/2 and 103, situate in Eragudi South Village, Thuraiyur Taluk, Tiruchirappalli District, instead of laying the same in the petitioner's land comprised in S.Nos.104/4B and 105 of the said village by considering the petitioner's application dated 28.08.2024

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. This Court is W.P.(MD)No.19836 2024 dated 22.08.2024 had passed an order, directing the petitioner herein to given an application within a week from 22.08.2024 to the District Magistrate and the District Magistrate was further directed to pass an orders within a period of one month. Till such order was passed, no coercive steps to be taken by the respondents.

4/8

5. Pursuant to the same, the petitioners had promptly made representation on 28.08.2024. However, without considering the same, the impugned order came to be passed on 24.12.2024.

6. In view of the same, the impugned order is quashed and remanded back to the first respondent. The first respondent is directed to consider the representation of the petitioners and pass order in terms of the order passed by this Court in W.P.(MD)No.19836 of 2024. Till then, no coercive steps shall be taken by the respondents.

7. Accordingly, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 5/8

To

1. The District Collector, Tiruchirappalli District, Tiruchirappalli - 620 001.

2. The Chief Engineer, TANTRANSCO, NPKRR Maaligai, No.114, Anna Salai, Chennai 600 002.

3. The Chief Engineer, Transmission Project-Ii, TANTRANSCO,

4. The Superintending Engineer - GCC TANTRANSCO,, Periyamilaguparai,

5. The Executive Engineer- TLC, TANTRANSCO, Periyamilaguparai, 6/8

6. The Assistant Executive Engineer - TLC, TANTRANSCO,,

7. The Assistant Engineer TLC, TANTRANSCO,, Periyamilaguparai, 7/8

L.VICTORIA GOWRI, J.

jbr 27.01.2025 8/8