E.Rjarethinam W/O Eswaran v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.21150 of 2016 E.Rajarethinam ... Petitioner Vs.

1. The Chairman 144, Anna Salai, Chennai - 600 004.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Superintending Engineer, Ramamoorthy road, Virudhunagar - 626 001.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 08.10.2016 and pass such further or other orders as this Court. For Petitioner : Mr.S.Ramasamy For RR - 1 & 3 : Mr.G.Kasinathadurai For R - 2 : Mr.M.Murugan Government Advocate

O R D E R

This is a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 08.10.2016, raising objections for taking high tension electric wire through the land, belonging to the petitioner's husband. 2.The petitioner's husband is the owner of the property in Survey No.393/7, 393/8C to an extent of 21⁄2 acres, situated at Sulakarai village, Virudhunagar District. He is in possession and

enjoyment of the same.

3.The third respondent has a proposal to install high tension wire through the land of the petitioner and it is stated that the place has also been ear-marked.

4.The grievance of the petitioner is that the said proposal has been done without prior intimation or prior notice to the petitioner. Raising objection, the petitioner has given a representation to the second respondent on 08.10.2016. The second respondent has forwarded the representation of the petitioner to the Superintending Engineer/third respondent herein with a direction to look into the matter and to take necessary action. As no action has been taken, the petitioner has come forward with this Writ petition.

5.The learned Standing counsel appearing for the respondents 1 and 3 submitted that the third respondent will consider the representation of the petitioner, in the light of the proceedings of the second respondent/District Collector and pass orders within a period of four weeks.

6.Accordingly, the third respondent is directed to consider the representation of the petitioner dated 08.10.2016 in the light of the proceedings of the second respondent/District Collector and to pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7.The Writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To

1. The Chairman 144, Anna Salai, Chennai - 600 004.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Superintending Engineer, Ramamoorthy road, Virudhunagar - 626 001.

+ 1 CC TO Mr.G.KASINATHADURAI, ADVOCATE IN SR No. 67156 + 1 CC TO Mr.S.RAMASAMY, ADVOCATE IN SR No. 67235 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 67424 MJ TE/GSV-PM : 23/11/2016 : 3P/7C W.P(MD)No.21150 of 2016 09.11.2016