Gopinath.G v. The Superintendent Of Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Gopinath ... Petitioner /Vs./ 1.The Superintendent of Engineer, 2.The Superintendent of Engineer, Pudukottai.
3.The Assistant Executive Engineer, 4.The Assistant Executive Engineer, Pudukottai.
5.The Executive Engineer, Alunthoor, Nagamangalam, Trichy District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus restraining the respondents to put up electric tower and High Tension wire in Survey Nos.65/4, 65/5, 69/1A3, 69/1B, 69/2, 71/1, 71/2, 71/3, 71/4 and 71/5 at Poothakudi Village, Viralimalai Taluk, Pudukottai District and by considering petitioner's representation dated 02.02.2022. For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.S.Deenadhayalan Standing Counsel
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to restrain the respondents to put up electric tower and High Tension wire in survey Nos.65/4, 65/5, 69/1A3, 69/1B, 69/2, 71/1, 71/2, 71/3, 71/4 and 71/5 at Poothakudi Village, Viralimalai Taluk, Pudukottai District, based on the representation made by the petitioner, dated 02.02.2022.
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2.According to the petitioner, the respondents are attempting to put up electric tower and High Tension wire in the aforementioned property, which belongs to him absolutely. According to him, it is detrimental to his interest. In such circumstances, he has given a representation on 02.02.2022, requesting the respondents not to erect the electric tower and High Tension wire in his property. Since his representation has not been considered till date, he has come forward with this writ petition.
3.Heard Mr.S.Pugalendhi, learned counsel appearing for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel, who accepts notice on behalf of the respondents.
4.On instructions, the learned Standing Counsel appearing on behalf of the respondents would submit that it is not possible to shift the electric tower and High Tension wire from the petitioner's property.
5.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, as it involves the erection of an electric tower and High Tension wire.
6.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation, dated 02.02.2022, requesting the second respondent not to put up electric tower and High Tension wire in his land bearing Survey Nos.65/4, 65/5, 69/1A3, 69/1B, 69/2, 71/1, 71/2, 71/3, 71/4 and 71/5 at Poothakudi Village, Viralimalai Taluk, Pudukottai District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order. 7.With the aforesaid directions, this writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To:
1.The Superintendent of Engineer, 2/3
2.The Superintendent of Engineer, Pudukottai.
3.The Assistant Executive Engineer, 4.The Assistant Executive Engineer, Pudukottai.
5.The Executive Engineer, Alunthoor, Nagamangalam, Trichy District.
+1 CC to M/s.S. PUGALENTHI, Advocate ( SR-19840[F] dated 20/04/2022 ) +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-20291[F] dated 21/04/2022 ) 19.04.2022 RD(12.05.2022) 3P 8C 3/3