Subramanian v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.23924 OF 2023 and W.M.P(MD)No.20092 of 2023 Subramanian :Petitioner .vs.
1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The Principal Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.
3.The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.
4.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
5.The Director, Directorate of Town and Country Planning, E and C Market Road, Koyambedu, Chennai - 600 107.
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6.The District Collector, Tiruchirappalli District, Tiruchirappalli.
7.The Executive Engineer/Chief Engineer, Department of Technical Education, Technical Education Division, Tiruchirappalli - 620 020.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 3 to 7 to reconsider the construction of the new Government Arts and Science College at Manapparai in S.No.1084 of Pannapatty East Village, Manapparai Taluk,Tiruchirappalli District as three High Tension Electricity Transmission Lines from Koodankulam Atomic Power Plant is running very nearer to the construction site of the new Government Arts and Science College. For Petitioner :Mr.T.M.Madasamy For Respondents :Mr.P.Thilak Kumar 1 to 7 Govt.Pleader
O R D E R
********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents 3 to 7 to reconsider the construction of the new Government Arts and Science College at Manapparai in S.No.1084 of Pannapatty East Village, Manapparai Taluk,Tiruchirappalli District as three High Tension Electricity 2/6
Transmission Lines from Koodankulam Atomic Power Plant is running very nearer to the construction site of the new Government Arts and Science College.
2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The objection raised by the Petitioner is on two folds. The first ground is that the contradiction is with the prohibited distance from the high tension transmission lines and the second ground is establishment of college in the present place will not serve the needs of the public.
4.The learned Government Pleader appearing for the respondents submitted that the construction has reached two floors and the project is worth Rs.15 crores and major portion of the money has been spend for the construction of the building and there is no public interest in this Writ Petition. With regard to the second objection as there is high tension transmission lines, the learned Government Pleader submitted that the transmission lines 3/6
are 30 metres away from the construction.
5.It is in these circumstances, the learned counsel for the Petitioner also pointed out that the present building is located maintaining safety distance as per the notification of CEA, dated 20.10.2010.
6.In such view of the matter, this Court does not find any public interest involved and it will be against the public interest if the college is shifted to some other place, after spending huge amount on the construction of the building.
7.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [S.S.S.R.,J.] [D.B.C,J.] 29.09.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Principal Secretary to Government, 4/6
Revenue Department, Secretariat, Chennai - 600 009.
2.The Principal Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.
3.The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.
4.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
5.The Director, Directorate of Town and Country Planning, E and C Market Road, Koyambedu, Chennai - 600 107.
6.The District Collector, Tiruchirappalli District, Tiruchirappalli.
7.The Executive Engineer/Chief Engineer, Department of Technical Education, Technical Education Division, Tiruchirappalli - 620 020.
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S.S.SUNDAR, J.
AND D.BHARATHA CHAKRAVARTHY,J.
vsn 0RDER MADE IN W.P(MD)NO.23924 OF 2023 and W.M.P(MD)No.20092 of 2023 29.09.2023 6/6