Partly allowed

Chandra Kasinathan v. The Tamil Nadu Transmission

Madras HC8 Mar 2021WP/16549/2017

Case brief

AI extract

What is this about?

The petitioner challenged the laying of platforms and infrastructure on his land by the Tamil Nadu Transmission Corporation. The court held that work could only proceed upon permission from the District Collector under the Indian Telegraph Act.

What did the court decide?

Directed the 3rd respondent to dispose of the application under the Indian Telegraph Act within three months after hearing the petitioner; writ petition disposed of.

Chandra Kasinathan Vs The Tamil Nadu Transmission — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.03.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE C.SARAVANAN

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W.P.No.16549 of 2017 and W.M.P.No.17904 of 2017

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Chandra Kasinathan ... Petitioner
Vs.
1. The Tamil Nadu Transmission
Corporation Limited,
Rep by its Superintending Engineer,
General Construction Circle -II,
No.144, Anna Salai,
Chennai – 600 002.
2. The Chairman cum Managing Director,
The Tamil Nadu Transmission Corporation
Limited,
No.144, Anna Salai,
Chennai – 600 002.
3. The District Collector,
Tiruvallur.
(R3 Suo-Motu impleaded vide order
dated 01.03.2021) ... Respondents

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PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents to remove platforms laid and also forbear the respondents or any person claiming authority through them from carrying out any work like laying platforms erecting poles and drawing transmission line in the petitioner's land admeasuring 0.09 acres comprised in Survey No.757/3 of Namam Village, Sriperumbudur Taluk and 1.97 acres comprised in Survey No.69, 52/1, 52/2-A and 52/2-B of Notchimedu Village, Sriperumbudur Taluk.

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For Petitioner : Mr.Y.Ramanaiah

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For Respondents : Mr.N.Inbanathan Additional Government Pleader for R3 Mr.Abdul Saleem, for R1 & R2

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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This writ petition has been filed for a Writ of Mandamus, to direct the respondents to remove platforms laid and also forbear the respondents or any person claiming authority through them from carrying out any work like laying platforms erecting poles and drawing transmission line on the petitioner's land admeasuring 0.09 acres comprised in Survey No.757/3 of Namam Village, Sriperumbudur Taluk and 1.97 acres comprised in Survey No.69, 52/1, 52/2-A and 52/2-B of Notchimedu Village, Sriperumbudur Taluk.

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2.The learned counsel for the Respondents 1 and 2 submits that the application has been filed before the 3^rd respondent District Collector Thiruvallur dated 10.11.2020 under Sections 10 and 16 of the Indian Telegraph Act, 1885.

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3.The said application will have to be disposed and only based on the permission granted by the 3^rd respondent further work can be undertaken by the respondents 1 and 2. Therefore, I dispose this writ petition by directing the 3^rd respondent to dispose the application filed under Sections 10 and 16 of the Indian Telegraph Act, 1885 within a period of three months from the date of receipt of a copy of this order.

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4.Before passing such order the petitioner shall be heard. The respondents are directed to serve copy of the petition filed under Sections 10 and 16 of the India Telegraph Act, 1885 on the petitioner within a period of 30 days from the date of receipt of a copy of this order.

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5.The Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS VI) //True Copy//

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Sub Assistant Registrar

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jas

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The Superintending Engineer, The Tamil Nadu Transmission Corporation Limited,

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General Construction Circle -II, No.144, Anna Salai, Chennai – 600 002.

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https://hcservices.ecourts.gov.in/hcservices/

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The Chairman cum Managing Director, The Tamil Nadu Transmission Corporation Limited, No.144, Anna Salai, Chennai – 600 002.

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The District Collector, Tiruvallur.

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+1cc to Mr.Abdul Saleem, Advocate, SR.No.14806.

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+1cc to Mr.Elamurugan, Advocate, SR.No.14806.

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+1cc to the Special Government Pleader, SR.No.15432.

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W.P.No.16549 of 2017
and
W.M.P.No.17904 of 2017
SKY(CO)
CSR 25.03.2021

¶31

https://hcservices.ecourts.gov.in/hcservices/

Chandra Kasinathan v. The Tamil Nadu Transmission

Case brief

What is this about?

What did the court decide?

Chandra Kasinathan v. The Tamil Nadu Transmission

Case brief

What is this about?

What did the court decide?

What the court decided

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