Madras High Court
WP(MD)/25043/2016 of K. BALAKRISHNAN, Vs THE DISTRICT COLLECTOR, on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED : 29.12.2016 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD).No.25043 of 2016 and W.M.P(MD)No.18126 of 2016 K.Balakrishnan ... Petitioner Vs 1. The District Collector Kanyakumari, At Nagercoil. 2. The Superintending Engineer, Tamil Nadu Electricity
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.12.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P(MD).No.25043 of 2016andW.M.P(MD)No.18126 of 2016
K.Balakrishnan ... Petitioner
Vs1.The District Collector Kanyakumari, At Nagercoil.2.The Superintending Engineer, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.3.The Assistant Executive Engineer, High Tension Electricity Line (Construction of Tower) Tamil Nadu Electricity Board, Parvathipuram, Nagercoil, Kanyakumari District.
4.The Assistant Executive Engineer, Distribution and Maintenance, Tamil Nadu Electricity Board, Suriacode Post, Kanyakumari District....Respondents This Writ Petition has been filed under Article 226 of theConstitution of India praying for a Writ of Mandamus directingthe respondents to remove the high tension wire line crossed thepetitioner's house Door No.19/ 146B it is situated in re-surveyNo. 358/A1A Methukummal Village, Suriacode Post, KanyakumariDistrict and consequently, directing the respondents to draw theelectricity high tension wire line through the petitioner'sadjacent vacant place in same survey No.358/A1A at MethukummalVillage, Suriacode Post, Kanyakumari District.
For petitioner : Mr.D.Anbarasu For respondents : Mr.C.Selvaraj Spl. Govt. Pleader for R1 Mr.SMS.Johny Basha for R2 to R4
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ORDER
The petitioner seeks for a Mandamus directing therespondents to remove the high tension wire line crossed in hishouse Door No.19/ 146B which is situated in re-survey No.358/A1A,Methukummal Village, Suriacode Post, Kanyakumari District andconsequently, directing the respondents to draw the electricityhigh tension wire line through his adjacent vacant place in samesurvey No.358/A1A at Methukummal Village, Suriacode Post,Kanyakumari District.
2. Mr.C.Selvaraj, learned Special Government Pleadertakes notice for the first respondent and Mr.SMS.Johny Basha,learned Standing Counsel takes notice for the respondents 2 to 4.By consent, this Writ Petition itself is taken up for finaldisposal.
3. The learned counsel appearing for the petitionerwould submit that it would be suffice if the representation of thepetitioner is disposed of, by the respondent, within the timestipulated by this Court.
4. The learned Special Government Pleader appearing forthe first respondent would submit that if the petitioner gives afresh representation to the first respondent, the same will beconsidered in accordance with law.
5. Considering the above-said submission, withoutexpressing any view on the merits and contention raised in thiswrit petition, the petitioner is directed to submit a freshrepresentation to the first respondent within a period of one weekfrom today and on receipt of such representation, the firstrespondent is directed to pass appropriate orders on the same, onmerits and in accordance with law, after giving notice to theinterested parties, if any, within a period of four weeks,thereafter.
6. With the above direction, this Writ Petition standsdisposed of. No costs. Consequently, connected miscellaneouspetition is closed.
Sd/-
Assistant Registrar(Writs)
/True copy/
Sub Assistant Registrar
To
K.KALYANASUNDARAM, Jskn
1. The District Collector Kanyakumari, At Nagercoil.2.The Superintending Engineer, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.3.The Assistant Executive Engineer, High Tension Electricity Line (Construction of Tower) Tamil Nadu Electricity Board, Parvathipuram, Nagercoil, Kanyakumari District.4.The Assistant Executive Engineer, Distribution and Maintenance, Tamil Nadu Electricity Board, Suriacode Post, Kanyakumari District.
+1cc to Mr.D.Anbarasan, Advocate SR.No.83710+1cc to Mr.S.M.S.Johnny Basha, Advocate SR.No.83688sknsm:sks-rr:SAR 1:29/12/2016:3P/7C
W.P(MD).No.25043 of 2016andW.M.P(MD)No.18126 of 201629.12.2016