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Madras High Court

Thannasi vs The District Collector on 18 February, 2019

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                         1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 18.02.2019

                                                   CORAM:

                           THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         W.P.(MD)No.20569 of 2018
                                                        and
                                       W.M.P.(MD)No.18311 of 2018


                      Thannasi                                      ... Petitioner

                                                        Vs.
                      1.The District Collector,
                        Ramanathapuram District,
                        Ramanathapuram.

                      2.The Superintending Engineer,
                        TANGEDCO,
                        Ramanathapuram,
                        Ramanathapuram District.

                      3.The Executive Engineer,
                        TANGEDCO
                        Kamuthi
                        Ramanathapuram District.

                      4.The Superintendent of Police,
                        Ramanathapuram District,
                        Ramanathapuram.

                      5.The Inspector of Police,
                        Kovilangulam Police Station,
                        Kovilangulam,
                        Kamuthi Taluk,
                        Ramanathapuram District.




http://www.judis.nic.in
                                                         2

                      6.The proprietor / Managing Director,
                        The Refex Energy Ltd.,
                        No.202, 2nd Floor, Center point,
                        Jijibhoy Lane, Lal Baug,
                        Oppposite to Bharatmata Cinema,
                        Mumbai 400 012.

                      7.The General Manager,
                        The Refex Energy Ltd.,
                        New No.67,
                        Bazullah Road,
                        Chennai – 60 017.

                      8.The Branch Manager,
                        The Refex Energy Ltd.,
                        Kadamangalam Village,
                        Perunali Post,
                        Kamuthi Taluk,
                        Ramanathapuram District.                     ... Respondents

                      PRAYER : Petition filed under Article 226 of Constitution of India
                      to issue a Writ of Mandamus forbearing the respondents 6 to 8
                      from erecting any high tension electric line over the petitioner's
                      land situated in S.No.157/1A and 157/1C, Usampottal Karisalkulam
                      village, Kamuthi Taluk, Ramanathapuram District with the help of
                      the respondents 1 to 5.


                           For Petitioner       : Mr.K.Neelamegam

                           For R1, R4 & R5 : Mr.M.Rajarajan
                                             Government Advocate

                           For R2 and R3        : Mr.S.M.S.Johny Basha

                           For R6 to R8         :Mr.Karthikeya Venkatachalapathy




http://www.judis.nic.in
                                                        3

                                                    ORDER

The prayer in this writ petition is that the private respondents should not erect and draw any high tension electric line over the petition mentioned land.

2.When the matter taken up for hearing, it was submitted on either side that such erection work is already over. Therefore, the prayer made in this writ petition has become infructuous. The petitioner is however given liberty to file a fresh writ petition for appropriate relief.

3.With this liberty, this writ petition is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

18.02.2019 Index: Yes / No Internet : Yes / No pnn http://www.judis.nic.in 4 G.R.SWAMINATHAN, J.

pnn To

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintending Engineer, TANGEDCO, Ramanathapuram, Ramanathapuram District.

3.The Executive Engineer, TANGEDCO Kamuthi Ramanathapuram District.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5.The Inspector of Police, Kovilangulam Police Station, Kovilangulam, Kamuthi Taluk, Ramanathapuram District.

W.P.(MD)No.20569 of 2018

and W.M.P.(MD)No.18311 of 2018 18.02.2019 http://www.judis.nic.in