Disposed

Mr. N.Palanivelu v. The District Collector

Madras HC13 Dec 2021WP/30775/2019

Case brief

AI extract

What is this about?

Petitioners filed writ petitions directing the District Collector and Power Grid Corporation of India to dispose of representations regarding High Tension towers erected on their land. The court found petitioners approached the wrong authority and directed them to file a representation before the Senior Deputy General Manager.

What did the court decide?

Permission granted to petitioners to file appropriate representation before the Senior Deputy General Manager, Power Grid Corporation of India Limited within two weeks.

Mr. N.Palanivelu Vs The District… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.Nos.30775, 30777, 30778 & 30780 of 2019 and W.M.P.Nos.32924, 32927, 32928 & 32929 of 2019

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N.Palanivelu ...Petitioner in W.P.30775/2019 Vijayalakshmi Palanivelu ...Petitioner in W.P.30777/2019 T.Murugesan ...Petitioner in W.P.30778/2019 T.Arun Prakash ...Petitioner in W.P.30780/2019

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Vs.

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The District Collector, First Floor, Collectorate, Kancheepuram - 631 501.

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Power Grid Corporation of India, Represented by its Chairman and Managing Director, Plot No.2, Sector 29, Near IFFCO Chowk, Gurgoan, Haryana - 122 001.

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The Executive Director, Power Grid Corporation of India Ltd., Singanayakanahalli, Near RTO Driving Test Track, Yelahanka, Hubli, Banglore-560 064.

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Power Grid Corporation of India Ltd., No.2/16, First Lane, North Usman Road, T.Nagar, Chennai-600 017. ...Respondents in all W.Ps.

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( R3 and R4 impleaded vide order dated 13.12.2021 of this Court in W.M.P.Nos.32924, 32927, 32928 & 32929 of 2019 in W.P.Nos.30775, 30777, 30778 & 30780 of 2019 respectively)

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C O M M O N P R A Y E R:

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Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2^nd respondent

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

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to dispose of the representation dated 05.04.2019 and the 1^st respondent to dispose of the representation dated 09.08.2019 within stipulated period of time granted by this Honourable Court.

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For Petitioner : Mr.V.Perumal

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in all WPs

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For Respondent R1: M/s.C.Sangamithirai

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Special Government Pleader in all WPs

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For Respondent R2: M/s.Aiyar & Dolia Standing Counsel in all WPs

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C O M M O N O R D E R

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The petitioners have filed these writ petitions seeking for issuance of Writ of Mandamus to direct the 2^nd respondent to dispose of the representation dated 05.04.2019 and the 1^st respondent to dispose of the representation dated 09.08.2019 as early as possible.

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The case of the petitioners is that they have purchased a land measuring 18.39.5 acres and developed a layout called “Vel's Doctors Metropolis” and have obtained approval under the Town and Country Planning Act on 12.09.2006 and Municipal Council has also approved the same in its meeting dated 20.12.2006. Whileso, the 2^nd respondent erected High Tension towers, which pass directly through the petitioners' land and it will prevent the petitioners from using the land. Hence, objecting the same, the petitioners sent a letter dated 13.11.2015 to the 2^nd respondent, mentioning the above facts and requested for compensation. Thereafter, the petitioners have sent several representations and finally on 05.04.2019, however, no orders have been passed on the same by the 2^nd respondent. Such being the circumstances, the petitioners sent a representation dated 09.08.2019 to the 1^st respondent, however, no action has been taken by the 1^st respondent. Hence, the present petitions are filed.

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Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents herein to consider the petitioners' representation dated 05.04.2019 and 09.08.2019 and to pass orders on the same within a time stipulated by this Court.

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The learned standing counsel appearing for the 2^nd respondent submitted that, the grievance of the petitioner has

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

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to be ventilated before the Senior Deputy General Manager, Power Grid Corporation of India Limited, 400KV Sub-station, Pennalur, Sriperumbudur-602 117, Kancheepuram District, instead of which, the petitioners have wrongly made representation before the 2^nd respondent, which is not sustainable. Hence, he prays that this Court may issue direction to the petitioners to file appropriate representation before the competent authority.

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In view of the above submissions, since the petitioners have made representations before the authority who is not competent to pass orders, this Court directs the petitioners to make representation before the competent authority within a period of two weeks from the date of receipt of a copy of this order. If such representation is made, the respondents may consider the same and pass appropriate orders within a period of four weeks thereafter.

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Accordingly, the writ petitions are disposed of. No costs. Permission is granted to the petitioner to file appropriate representation before the Senior Deputy General Manager, Power Grid Corporation of India Limited, 400KV Substation, Pennalur, Sriperumbudur-602 117, Kancheepuram District within a period of two weeks from the date of receipt of a copy of this order.

Sd/-

Deputy Registrar(CS)

//True copy//

Sub Assistant Registrar

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skt

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The District Collector, First Floor, Collectorate, Kancheepuram - 631 501.

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The Chairman and Managing Director, Power Grid Corporation of India,

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Plot No.2, Sector 29,

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Near IFFCO Chowk,

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Gurgoan, Haryana - 122 001.

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The Executive Director, Power Grid Corporation of India Ltd., Singanayakanahalli, Near RTO Driving Test Track, Yelahanka, Hubli, Banglore-560 064.

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

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Power Grid Corporation of India Ltd., No.2/16, First Lane, North Usman Road, T.Nagar, Chennai-600 017.

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The Senior Deputy General Manager, Power Grid Corporation of India Limited, 400KV Sub-station, Pennalur, Sriperumbudur

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Kancheepuram District (602 117)

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+1cc to M/s.Aiyar & Dolia, Advocate SR.No.66516

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+1cc to Mr.V.Perumal, Advocate SR.No.66360

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W.P.Nos.30775, 30777, 30778 & 30780 of 2019 and W.M.P.Nos.32924, 32927, 32928 & 32929 of 2019

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GPL(CO) GMY(17/03/2022)

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

Mr. N.Palanivelu v. The District Collector

Case brief

What is this about?

What did the court decide?

Mr. N.Palanivelu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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