M.Prabhu v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2019
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD)No.27029 of 2019 M.Prabhu : Petitioner Vs.
1.The Chairman, Tamilnadu Transmission Corporation Limited, No.144, Anna Salai, Tamilnadu Electricity Board, Chennai - 600002.
2.The Deputy General Manager, Power Grid Corporation of India Ltd., Coimbatore to Trichy Main Road, K.Paramathy Post Karur District.
3.The District Collector, Karur District, Collectorate, Karur.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the second respondent from erecting high tension electric tower in S.No.717/1 and 717/2 of Munnur Village, Pugalur Taluk, Karur District till the third respondent consider and pass appropriate orders based on the petitioner's representation dated 12.12.2019. For Petitioner : Mr.S.Sarvagan Prabhu For R-1 : Mrs.M.Rajeswari for Mr.SMS.Johny Basha For R-2 : Mr.Suresh for M/s.Aiyor & Dolia For R-3 : Mr.M.Pandiarajan, Additional Government Pleader ******
ORDER
Mrs.M.Rajeswari for Mr.SMS.Johny Basha, learned standing counsel takes notice for the first respondent, Mr.Suresh for M/s.Aiyor & Dolia, learned counsel takes notice for the second respondent and Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the third respondent. 1/3
2. By consent, the writ petition is taken up for disposal at the admission stage itself.
3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, forbearing the second respondent from erecting high tension electric tower in S.No.717/1 and 717/2 of Munnur Village, Pugalur Taluk, Karur District, till the third respondent consider and pass appropriate orders on the petitioner's representation dated 12.12.2019.
4. It is seen that the third respondent had already passed an order in proceedings Na.Ka.No.A3/19706/2018-13, dated 12.11.2019, granting permission to the second respondent for erection of high tension electric tower in the adjacent land, which belongs to the father of the petitioner, which is also said to be challenged before this Court in W.P(MD)No.26613 of 2019.
5. This writ petition is filed as erection of electric poles by the second respondent without permission from the third respondent and without notice to the petitioner, is being done. It is his case that there is a poramboke land adjacent to his land, which can be used for having high tension electric tower and lines.
6. The learned counsel for the first respondent as well as the second respondent states that the erection of high tension electric tower is done only in S.No.716, which belongs to four owners, whose case has already been considered and order has been passed by the third respondent on 12.11.2019.
7. The second respondent categorically says that there is no erection of electric tower in S.No.717/1 and 717/2. It is only wires that are drawn through the said land. Therefore, the petitioner cannot have any grievance. The said statement is recorded.
8. However, there is already a representation to the third respondent, dated 12.12.2019. Therefore, the third respondent is directed to consider the same and pass appropriate 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. With the above direction, this writ petition is disposed of. No Costs.
Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
pm To The District Collector, Karur District, Collectorate, Karur.
+1 CC to M/s.SPL.GP ( SR-106491[F] dated 27/12/2019 ) Order made in W.P.(MD)No.27029 of 2019 Dated:
20.12.2019 grl(CO) TR(22.01.2020)3P 3C 3/3