Madras High CourtWP(MD)/6550/2019disposed of

R.Ilakiya Prakadhiswari v. The District Collector,

2019-04-26Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6550 of 2019 and W.M.P.(MD)No.5244 of 2019 R.Ilakiya Prakadhiswari ... Petitioner Vs.

1. The District Collector, District Collector Office,

2. Tamilnadu Generation and Distribution Corporation Ltd., Rep. by its Chairman, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai - 2.

3. The Executive Engineer, Transmission Line Construction, TANTRANSCO, Kamarajar Electricity Board Office, Manarpuram, Trichy - 620 020.

4. The Superintending Engineer, Pudukottai Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Ltd., Near Old Bus Stand,

5. The Superintending Engineer, Tamilnadu Transmission Corporation, General Construction Circle, Kamarajar Electricity Board Office, Manarpuram, Trichy.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the Hiper Tension Electric Poles and Lines and forbearing respondents 3, 4 and 5, their men, officers, representatives from in any manner erecting HT Line and Poles in the

petitioner's agricultural land bearing Survey No.218, situated in Vellanur Village, at Pudukottai or draw High voltage electrical lines over them without following the provisions of the Electricity Act, 2003 and the Indian Telegraph Act, 1885 based on the petitioner's representation dated 06.03.2019. For Petitioner : Mr.K.Praveen Kumar For R-1 : Mr.K.Mu.Muthu, Additional Government Pleader.

For R-2 to R-5 : Mr.S.M.S.Johny Basha ***

O R D E R

Heard the learned counsel on either side.

2. The grievance set out in this Writ petition is to be agitated only before the District Collector under the provisions of the Indian Telegraph Act.

3.The petitioner is given liberty to move the first respondent. The first respondent shall dispose of the petitioner's request on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, after issuing notice to the parties concerned.

4. The Writ petition stands disposed of, accordingly. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar(CS ) To

1. The District Collector, District Collector Office,

2. Tamilnadu Generation and Distribution Corporation Ltd., Rep. by its Chairman, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai - 2.

3. The Executive Engineer, Transmission Line Construction, TANTRANSCO,Kamarajar Electricity Board Office, Manarpuram, Trichy - 620 020.

4. The Superintending Engineer, Pudukottai Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Ltd., Near Old Bus Stand,

5. The Superintending Engineer, Tamilnadu Transmission Corporation, General Construction Circle, Kamarajar Electricity Board Office, Manarpuram, Trichy.

+1 CC to M/s.K.PRAVEEN KUMAR, Advocate ( SR-63439[F] dated 27/04/2019 ) W.P.(MD)No.6550 of 2019 and W.M.P.(MD)No.5244 of 2019 26.04.2019 CS(KM): 10/05/2019/3P/7C