N.Veera Poosaiya v. The Principal Secretary / Chairman And Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Veera Poosaiya ... Petitioner Vs.
1.The Principal Secretary / Chairman and Managing Director, TANGEDCO, NPKRR Maaligai, 144, Annasalai, Chennai.
2.The District Collector, 3.The Superintendent of Police, 4.The Revenue Divisional Officer, Sathur, Virudhunagar District.
5.The Superintending Engineer, General Construction Circle, Race Course Road, Madurai.
6.The Executive Engineer / Civil, 765, K.V. Electricity Transmission Scheme, 1/7
7.The Superintending Engineer, Electricity Distribution Circle, 8.The Tahsildar, Virudhunagar Taluk, 9.The Village Administrative Officer, Pattampudur Village, Virudhunagar Taluk, 10.The Joint Director, Horticulture Department, Virudhunagar.
11.The Joint Director, Agriculture Department, Collectorate, Virudhunagar.
... 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 to install the Tower Nos. 2/3, 2/4 as per the prior entry permission order passed by the 2nd respondent in Na.Ka.C4/18049/2020 dated 11.02.2022 in accordance with already sanctioned route map and corridor of the scheme transmission line route, by rectifying the deviated contradictory installation of the Tower Nos. 2/3, 2/4 and to reinstall them in its original approved pace, on the basis of the petitioner's representation dated 28.10.2024. For Petitioner : Mr.P.Krishnasamy For R-1, R-5 to R-7 : Mr.S.Deenadhayalan, Standing counsel 2/7
For R-3 : Mr.K.Gnanasekaran, Government Advocate, (Criminal side) For R-2, R-4, R-10 & R-11 : Mr.T.Amjad Khan, Government Advocate *****
ORDER
By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2.This Writ petition is filed directing the Respondents to install the Tower Nos. 2/3, 2/4 as per the prior entry permission order passed by the 2nd respondent in Na.Ka.C4/18049/2020 dated 11.02.2022 in accordance with already sanctioned route map and corridor of the scheme transmission line route, by rectifying the deviated contradictory installation of the Tower Nos. 2/3, 2/4 and to reinstall them in its original approved pace, on the basis of the petitioner's representation dated 28.10.2024. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.
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4.It is the grievance of the petitioner that the respondents have installed the electricity tower deviating from the order passed by the 2nd respondent in Na.Ka.C4/18049/2020 dated 11.02.2022, which has affected the petitioner's land. In this regard, he has given a representation dated 28.10.2024.
5.The learned standing counsel appearing for the respondent corporation submitted that the petitioner should give an application under Section 17 of the Indian Telegraph Act, 1885, before the District Collector and only then appropriate action could be taken in this regard. 6.In view of the same, the petitioner is directed to make an application under Section 17 of the Indian Telegraph Act, 1885, to the 2nd respondent forthwith, and the 2nd respondent on receipt of the same shall pass appropriate orders in accordance with law within a period of six (6) weeks therefrom.
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7.Accordingly, this writ petition stands disposed of. No costs. 03.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Principal Secretary / Chairman and Managing Director, TANGEDCO, NPKRR Maaligai, 144, Annasalai, Chennai.
2.The District Collector, 3.The Superintendent of Police, 4.The Revenue Divisional Officer, Sathur, Virudhunagar District.
5.The Superintending Engineer, General Construction Circle, Race Course Road, Madurai.
6.The Executive Engineer / Civil, 765, K.V. Electricity Transmission Scheme, 5/7
7.The Superintending Engineer, Electricity Distribution Circle, 8.The Tahsildar, Virudhunagar Taluk, 9.The Village Administrative Officer, Pattampudur Village, Virudhunagar Taluk, 10.The Joint Director, Horticulture Department, Virudhunagar.
11.The Joint Director, Agriculture Department, Collectorate, Virudhunagar.
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L.VICTORIA GOWRI, J.
Sml 03.12.2024 7/7