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Madras High CourtWP(MD)/20864/2019disposed of

V. Venugopalan v. The District Collector

2019-11-07Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD)Nos.17448 and 19539 of 2019 V.Venugopalan Mrs.V.Sakunthala both the petitioners represented by their Power Agent C.N.Radhakrishnan : Petitioners Vs.

1.The District Collector, Trichy District, Periyamilaguparai, Trichy.

2.The Director, Transmission Projects, 144, Anna Salai TANTRANSCO, Chennai.

3.The Chief Engineer, Transmission Line Circle, General Construction Circle (GCC), Mannarpuram, TANTRANSCO, Trichy.

4.The Superintending Engineer, Transmission Line Circle, Office of Superintending Engineer, Mannarpuram, TANTRANSCO, Trichy.

5.The Executive Engineer, Transmission Lines Circle, Office of Superintending Engineer, Mannarpuram, TANTRANSCO, Trichy.

6.The Assistant Executive Engineer, Transmission Line Circle, Mannarpuram, TANTRANSCO, Trichy.

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7.The Power Grid Corporation of India, Rep. By its General Manager, 69, State Bank Colony, West Tambaram, Chennai-600 045.

8.The Power Grid, Kalingapatti Village, Manapparai Taluk, Trichy District.

[R-7 and R-8 impleaded as per the order of this Court dated 07.11.2019 in W.M.P.(MD)No.19892 of 2019] : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents not to draw or install any high voltage electricity power lines over or through the properties of the petitioners in S.No.614/1 to an extent of 1 Acre and in S.No.615/1 to an extent of Acre 4 and 69 Cents which are situated in K.Periyapatti South Village, Manapparai Taluk, Trichy District.

For Petitioner : Mr.D.Boopal For Respondent No.1 : Mr.M.Rajarajan, Government Advocate For Respondents 2to8 : Mrs.S.Srimathy ******

ORDER

The present Writ Petition is filed for restraining the respondents from drawing or installing any high voltage electricity power lines over or through the properties of the petitioners in S.No.614/1 and S.No.615/1 in K.Periyapatti South Village, Manapparai Taluk, Trichy District.

2. According to the respondents, as per Section 10 of the Indian Telegraph Act, they are empowered to erect lines in any of the immovable properties over and across the same. If it is resisted, the District Collector, in exercise of the powers, will pass appropriate orders with respect to compensation or to deviate the course with the electrical lines.

3. Now, the learned counsel appearing for the petitioners would submit that the petitioners are willing to participate in the enquiry to be conducted by the District Collector to ascertain the compensation.

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4. Recording the submission, a direction is given to the first respondent to conduct inspection and enquiry with respect to the petitioners' properties mentioned above and pass appropriate orders. This exercise shall be completed, within a period of one week from the date of receipt of a copy of this order. Both parties are directed to co-operate in the enquiry. Till such time, status quo, as of today, shall be maintained.

5. The Writ Petition is closed with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) SML To The District Collector, Trichy District, Periyamilaguparai, Trichy.

+1 CC to M/s.S.M.S.JOHNNY BASHA, Advocate SR-97045. Order made in Dated: 07.11.2019 (2/2) CS(21.11.2019) 3P 3C 3/3