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J.Sharmilabanu vs The Chairman

Madras High Court|01 March, 2017

JUDGMENT / ORDER

By way of filing this writ petition, the petitioner seeks to forbear the respondent authorities from erecting electrical towers and transmission of lines into his agricultural land, comprised in Survey No.501/Sub Division Number:501/1, situated at Vettuvapalayam Village, Avinashi Taluk, Tiruppur District, by considering his representations dated 03.01.2017 and 24.01.2017.
2. Heard the learned counsel appearing on either side.
3. It is the grievance of the petitioner that his agricultural land stated above was not notified in the Notification published by the third respondent on 09.10.2015 through English daily New Indian Express and Tamil daily Thina Mani for erection of towers. The respondent also did not issue any subsequent notification for erection of electrical towers on Vettuvapalayma Village, which is 15 kms. away from the notified villages. Whileso, it is submitted, the respondent authorities have forcibly entered into his lands, however, with the help of neighbors, they were precluded from doing foundation works on his agricultural land. Thereafter, he has sent his representations dated 03.01.2017 and 24.01.2017 to the respondent authorities, but, till date, the same have not been considered.
4. On getting instruction from the respondent authorities, the learned standing counsel appearing for the respondents 1 to 3 submitted that they have already completed the tower erection working in the petitioner's land and that only stringing work is pending due to the objection from him. It is further stated that they have sought for enter upon permission from the District Collector, Tiruppur, on 02.11.2016. Therefore, if this Court gives a direction to the District Collector to consider the pending representation of the petitioner, the same would considered on merits, after giving notice the parties.
5. Recording the above said statement, this Court, without going into the merits of the matter, directs the fourth respondent / the District Collector, Palladam Road, Tiruppur, to consider the representations dated 03.01.2017 and 24.01.2017 of the petitioner on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to maintain the status-quo. With these directions, the writ petition is disposed of. No Costs. WMP.No.4388 of 2017 is closed. 21.02.2017 rkm Index:yes/no To
1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maaligai, No.144, Annasalai, Chennai  2.
2.The Chief Engineer, Tamil Nadu Transmission Corporation, Mannarpuram, Trichy -20.
3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, No.182, Doctor Subbarayansalai, Tatabad, Coimbatore  641 012.
4.The District Collector, Palladam Road, Tiruppur  641 601.
Tiruppur District.
T.RAJA, J.
rkm W.P.No.4232 of 2017 01.03.2017 http://www.judis.nic.in
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Title

J.Sharmilabanu vs The Chairman

Court

Madras High Court

JudgmentDate
01 March, 2017