R.Rajamanickam v. The District Magistrate /
Case brief
What is this about?
The High Court of Madras, by consent of counsel, directed the District Magistrate under the Indian Telegraph Act, 1885, to consider a land owner's objection regarding high voltage transmission lines. The First Respondent must adjudicate the matter after notice to all parties and pass orders within three weeks, maintaining status quo until then.
What did the court decide?
First Respondent directed to consider petitioner's petition, give notice to all parties, and pass orders on merits within three weeks; status quo maintained pending such orders.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM
W.P. No.39371 of 2015 & M.P.No. 1 of 2015
R.Rajamanickam [ PETITIONER ] Vs 1 The District Magistrate / District Collector Salem District, Salem. 2 The Assistant Engineer (Civil) Transmission Line Circle/ General Construction Circle TAN TRANS CO Kamaraj Colony Attur Byepass Road Salem 636 014 3 The Superintendenting Engineer Transmission Line Circle/ General Construction Circle TAN TRANS CO Kamaraj Colony Attur Byepass Road, Salem 636 014.
[ RESPONDENTS]
PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus directing the 1st respondent to consider the petition dt 24.8.2015 filed by the petitioner under Section 17(2) and 17(3) of the Indian Telegraph Act 1885 and the petitioners representation dt 9.11.2015 and pass appropriate orders after giving opportunity to all the parties concerned and forbearing the respondents 2 and 3 from drawing high voltage transmission lines over the petitioners agricultural lands comprised in S. Nos. S. No.67/3B1 and 67/4 R.Pethampatti, Rajaapalayam Post, Salem District till the passing of final orders by the 1st respondent on the said petition and representation filed by the petitioner.
For Petitioner : Mr.P.Mani For Respondents : Mr.R.Vijayakumar - R1 Addl.Govt.Pleader
Issues for consideration
2 issues framed by the court
Whether the writ court should direct the First Respondent to adjudicate the petitioner's objection regarding the laying of high voltage transmission lines over agricultural land under Section 17 of th
Whether the First Respondent should be granted a reasonable time to decide the petition after giving notice to all concerned parties.
Parties & counsel
- petitioner
R. Rajamanickam
- respondent
The District Magistrate / District Collector Salem District
- respondent
The Assistant Engineer (Civil) Transmission Line Circle
- respondent
The Superintendenting Engineer Transmission Line Circle
Coram
Case details
As recorded by the court registry
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