Madras High Court
R. Kathiresan vs The District Collector on 17 June, 2020
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P(MD)No.6861 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.06.2020
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.6861 of 2020 and
WMP(MD).No. 6266 of 2020
R. Kathiresan Petitioner
vs.
1.The District Collector,
Collectorate Campus,
Virudhunagar District.
2.The Divisional Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Virudhunagar District,
Virudhunagar.
3.Assistant Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation and Distribution Corporation Ltd.,
Thalavaipuram,
Rajapalaym Taluk,
Virudhunagar District.
4.Assistant Engineer,
(Operation and Maintenance),
Tamil Nadu Generation and Distribution Corporation Ltd.,
Thalavaipuram,
Rajapalaym Taluk,
Virudhunagar District. Respondents
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http://www.judis.nic.in
W.P(MD)No.6861 of 2020
PRAYER:- This Writ Petition is filed under Article 226 of the Constitution
of India to issue a Writ of Mandamus directing the respondents 2 to 4 to
choose alternative route for alignment of the electric poles and high
tension wires proposed to be erected through the petitioner's agriculture
land comprising in S.Nos.207/37, 207/38, 207/40, 207/41, 207/35, 207/27,
207/29, 211/1 and 211/2 situated at Koviloor Village, Rajapalayam Taluk,
Virudhunagar District and to go by the alternative routes outside his land
by considering his representations dated 19.02.2020 and 30.05.2020.
For Petitioner : Mr. A. Balaji
For R1 : Mr.M. Rajarajan
Government Advocate
For R2 to R4 : Mrs. S. Srimathy
Standing Counsel
ORDER
This Writ Petition has been filed for issuing a direction to the respondents 2 to 4 to choose alternative route for alignment of the electric poles and high tension wires proposed to be erected through the petitioner's agriculture land comprising in S.Nos.207/37, 207/38, 207/40, 207/41, 207/35, 207/27, 207/29, 211/1 and 211/2 situated at Koviloor Village, Rajapalayam Taluk, Virudhunagar District and to go by the alternative routes outside his land by considering his representations dated 2/6 http://www.judis.nic.in W.P(MD)No.6861 of 2020 19.02.2020 and 30.05.2020.
2. The case of the petitioner is that he is an agriculturist maintaining coconut Grove at an extent of 9 Acres comprising in S.Nos. 207/37, 207/38, 207/40, 207/41, 207/35, 207/27, 207/29, 211/1 and 211/2 situated at Koviloor Village, Rajapalayam Taluk, Virudhunagar District. There are High Tension Electric wires belonging to the respondents plying through his agricultural field which occupies an extent of 381 ½ meters of land. Due to which, he is not able to get proper reaping because of this poles which being often maintained by the respondents by cutting off the leaves and trees. At this juncture, the third respondent has decided to erect new poles in order to ply High Tension Electric Wires through his above agricultural lands. Hence, the petitioner has sent a representation dated 19.02.2020 to the respondents 2 to 4 and thereby prayed them to choose for the alternative route for alignment of the poles and High Tension Electric wires proposed to be erected in his land, but, the same has not been considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition before this Court.
3. Today, when the matter was taken up for hearing, the 3/6 http://www.judis.nic.in W.P(MD)No.6861 of 2020 learned Standing Counsel appearing for the respondents produced a letter issued by the 4th respondent viz., Assistant Engineer, Operation and Maintenance, Dhalavaipuram and submitted that as on today i.e., on 18.06.2020, no new HT Pole or LT Pole or HT Line or LT Line or Distribution Transformer is erected inside the Agricultural land of petitioner and will not be erected hereafter as the scheme is nearing completion and prayed for dismissal of this Writ Petition.
4. Recording the same, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
18.06.2020
Index : Yes/No
Internet : Yes/No
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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 4/6 http://www.judis.nic.in W.P(MD)No.6861 of 2020
1.The District Collector, Collectorate Campus, Virudhunagar District.
2.The Divisional Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhunagar District, Virudhunagar.
3.Assistant Executive Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Thalavaipuram, Rajapalaym Taluk, Virudhunagar District.
4.Assistant Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Thalavaipuram, Rajapalaym Taluk, Virudhunagar District.
5/6 http://www.judis.nic.in W.P(MD)No.6861 of 2020 V.BHAVANI SUBBAROYAN,J.
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