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2013 DIGILAW 3010 (MAD)

V. Varadharajan v. District Magistrate/District Collector, Kancheepuram

2013-08-22

D.HARIPARANTHAMAN

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JUDGMENT : 1. The petitioner owns lands in Survey Nos.1855/1A, 1885/1B, 1885/2, 1885/4 and 1886 in Devanur Village in Palur Village Panchayat in Chengalpet Taluk and Kanchipuram District. 2. The grievance of the petitioner is that Power Grid Corporation of India Limited, the second respondent herein is putting up towers and laying high tension lines across his lands. The petitioner was not put on notice about the erection of towers in his lands. He has raised serious objections for erecting the towers. The petitioner made objection by way of written representation dated 13.08.2013 to the second respondent. However, I am not going into the details of the objections made by the petitioner. 3. The petitioner has filed the writ petition, forbearing the respondents and their subordinates or any other persons tracing power under them including any contractor from installing or erecting any High Tension (HT) Power Supply Line Tower and in any way interfering with or disturbing the petitioner's peaceful possession and enjoyment over his properties referred to above. He has also sought for an interim injunction restraining the respondents from erecting the towers in the mean time. 4. The learned counsel for the petitioner has fairly submitted that when a similar issue was raised before this Court in W.P.No.22820 of 2012, this Court by an order dated 14.09.2012 directed the Electricity Board to refer the matter to the District Magistrate concerned for consideration and to pass appropriate orders after conducting enquiry, within a stipulated period. 5. In these circumstances, the writ petition is disposed of, directing the second respondent to forward the objections made by the petitioner to the first respondent within a period of two weeks. The first respondent is directed to consider the same and pass appropriate orders thereon within a period of four weeks thereafter. If the first respondent relies on any document such as the report of the RDO etc., the same shall be furnished to the petitioner and the remarks of the petitioner shall be obtained thereon before passing final order. The petitioner is at liberty to produce documents, if any, which he relies on. Till such time the District Collector passes final order, the second respondent shall not proceed with the erection of towers in respect of the petitioner's land. No costs. Consequently, connected miscellaneous petition is closed.