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Madras High CourtWP(MD)/9004/2017disposed of

S.Jayakumar, v. The Chirman-Cum-Managing

2020-07-17Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.6877 of 2017 S.Jayakumar

...Petitioner

Vs.

1.The Chairman cum Managing Director, 2.The Director, TANTRANSCO (Tamil Nadu Transmission Corporation), 3.The Superintending Engineer, (General Construction Circle), Tower Line Construction, Thennur Circle, Mannarpuram, Trichy.

4.The Executive Engineer, Tower Line Construction, Opp to Tamil University, Vallam Road, Thanjavur.

5.The District Collector, Thanjavur District, Thanjavur.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents herein from erecting and drawing the electricity poles and line in and above the petitioner's land comprised in S.Nos.249/2 and 249/3 at Soorakkottai Village, Thanjavur Taluk and District. For Petitioner : Mr.A.K.Manickam For R-1 to R-4 : Mrs.M.Rajeswari for Mr.S.M.S.Johny Basha For R-5 : Mrs.S.Srimathy Special Government Pleader *** 1/3

ORDER

Heard the learned counsel on either side.

2. The petitioner states that TANGEDCO should be prevented from drawing or erecting the electrical poles and lines above the petition mentioned land.

3. This is a matter that has to be decided only by the fifth respondent herein. The petitioner has given a representation dated 05.05.2017 in this regard. The petitioner is directed to give one more fresh representation to the fifth respondent within a period of two weeks from the date of receipt of a copy of this order. The fifth respondent will take a decision in this matter as expeditiously as possible after putting notice to all the stakeholders and holders. Till the fifth respondent takes a decision, the status-quo will continue as on date.

4. The Writ Petition is disposed of on these terms. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // 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, Thanjavur District, Thanjavur.

2.The Chairman cum Managing Director, 2/3

3.The Director, TANTRANSCO (Tamil Nadu Transmission Corporation), 4.The Superintending Engineer, (General Construction Circle), Tower Line Construction, Thennur Circle, Mannarpuram, Trichy.

5.The Executive Engineer, Tower Line Construction, Opp to Tamil University, Vallam Road, Thanjavur.

ORDER MADE IN 17.07.2020 VB (24.07.2020) 3P 6C 3/3