S.Jayakodigounder v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.7091 of 2020 1.S.Jayakodigounder 2.Revathi 3.J.Ponarasu ... Petitioners Vs.
1.The District Collector, Collectorate, Karur.
2.The Tahsildar, Pugalur Taluk, Karur District.
3.The Village Administrative Officer, Thennilai South Village, Pugalur Taluk, Karur District.
4.The Chief Manager, Power Grid Corporation of India Limited, 400/230 KV Sub-Station, K.Paramathi Post, Karur District.
5.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai-02.
6.Sprng Renewable Energy Private Limited, represented by its Managing Director, 001 Level G Pentagon PS, Magarpatta City, Hadapsar, Pune-411 013.
7.KS Wind and Renewables India Private Limited, Represented by its Operation Head Mr.P.Kumar, Office No.40, Visalakshi Street, Aiswarya Garden, Goparasanallur, Poonamalee, Chennai-600 056.
... Respondents 1/3
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 19.06.2020 and consequently forbear the respondents 4 to 7 from erecting high tension electrical towers and / or drawing 230 KV electrical wire across the petitioners' lands in S.Nos.898/B, 893/B, 926/B2, 927, 891, 899/A, 916/A, 918/A, 918/D, 918/E and 906/B1 in Patta Nos.3278, 3360, 603 and 283 of Thennilai South Village, Pugalur Taluk, Karur District, without getting prior permission from the first respondent in a manner known to law.
For Petitioners : Mr.B.Karunanithi For R-1 to R-3 : Mrs.S.Srimathy Special Government Pleader For R-5 : Mrs.M.Rajeswari for Mr.S.M.S.Johny Basha Standing Counsel For R-6 : Mr.Raghuvaragopalan For R-7 : Ms.Kanimozhimathi
O R D E R
Heard the learned counsel on either side.
2. The petitioners claim that they are the owners of the petition mentioned properties.
They are stating that for implementing a power project, the private respondents are trespassing into their lands.
3. The learned counsel appearing for the seventh respondent states that the petition mentioned survey numbers did not figure in their scheme.
4. Be that as it may, it is seen that the petitioners have given a representation dated 19.06.2020. It can be treated as an obstruction petition. The first respondent will decide the issue on merits and in accordance with law as expeditiously as possible. Till the first respondent grants permission in terms of Section 16 of the Telegraph Act, 1885, the petitioners' possession will not be disturbed.
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5. In view of the above, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Collectorate, Karur.
2.The Tahsildar, Pugalur Taluk, Karur District.
3.The Village Administrative Officer, Thennilai South Village, Pugalur Taluk, Karur District.
20.08.2020 KK(27.08.2020) 3 P 4C 3/3