Ramaya. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.25170 of 2022 and W.M.P.(MD)No.19267 of 2022 Dr.R.Ramaya .. Petitioner

Versus

1.The District Collector, Thanjavur, Thanjavur District.

2.The Superintending Engineer, Tamil Nadu Transmission Corporation Limited, (TANTRANSCO), General Construction Circle, Madurai.

3.The Executive Engineer, Tamil Nadu Transmission Corporation Limited, (TANTRANSCO), General Construction Circle, Thanjavur.

4.The Assistant Executive Engineer, Tamil Nadu Transmission Corporation Limited, (TANTRANSCO), General Construction Circle, Thanjavur.

5.The Assistant Engineer, Transmission Line Construction, Tamil Nadu Transmission Corporation, Kumbakonam, Thanjavur District.

.. Respondents 1/5

Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider petitioner's representation, dated 06.10.2022, and not to fix the Transmission Line Construction in his Patta land in S.No.13/2A1 (old S.No.13/2A), measuring an extent of 1.09.50 Hectares, Patta No.1064, situated at Karaimedu Village.

For Petitioner :

Mr.T.Palanisamy For 1st Respondent :

Mr.D.Gandhiraj Special Government Pleader For Respondents 2 to 5 :

Mr.S.Deenadhayalan Standing Counsel

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to consider her representation, dated 06.10.2022, and not to fix the Transmission Line Construction in her Patta land in S.No.13/2A1 (old S.No.13/2A), measuring an extent of 1.09.50 Hectares, Patta No.1064, situated at Karaimedu Village, Sirkali Taluk, Mayiladuthurai District. 2.

According to the petitioner, her mother Saroja executed a gift deed in her favour in respect of the lands in question and the respondents are trying to install transmission line in the said lands. Therefore, she sent a representation dated 06.10.2022, to the respondents objecting to the same. However, the same has not been considered so far. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

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3.

The learned Standing Counsel appearing for the respondents 2 to 5 submitted that 33/11 K.V. Sub-Station, situated at Achalpuram has to be enhanced as 110 K.V. Sub-Station and therefore, the authorities are engaging workers for completing the said project. The petitioner's lands are covered under the said project and the petitioner's father - K.K.M.Ramadoss has stated that the lands in question stand in the name of his wife - Saroja and after transfer of the said land, he will obtain a signature in MED-151. The foundation work has been completed on 15.05.2022. Thereafter, on 09.09.2022, two Poles have been removed and therefore, a criminal case has been registered and the same is pending.

4.

Considering the aforesaid facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court, without going into the merits of the matter, directs the respondents to pass appropriate orders on the petitioner's representation, dated 06.10.2022, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.

This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes/No 09.11.2022 smn2 3/5

To 1.The District Collector, Thanjavur, Thanjavur District.

2.The Superintending Engineer, Tamil Nadu Transmission Corporation Limited, (TANTRANSCO), General Construction Circle, Madurai.

3.The Executive Engineer, Tamil Nadu Transmission Corporation Limited, (TANTRANSCO), General Construction Circle, Thanjavur.

4.The Assistant Executive Engineer, Tamil Nadu Transmission Corporation Limited, (TANTRANSCO), General Construction Circle, Thanjavur.

5.The Assistant Engineer, Transmission Line Construction, Tamil Nadu Transmission Corporation, Kumbakonam, Thanjavur District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.25170 of 2022 09.11.2022 5/5