The Tamil Nadu Electricity v. S. Balasubramaniyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.No.1447 of 2015 and M.P.No.1 of 2015 1.The Tamil Nadu Electricity Board, rep. by its Chairman, Anna Salai, Chennai.
2.The Assistant Executive Engineer, Transmission Line construction, Tantrans Co., Maraimalai Nagar, Chengalpet Taluk, Kancheepuram District.
3.Superintending Engineer, General Construction Circle-II, Tantrans Co., Guindy, Chennai-32.
... Appellants/Respondents 1, 2 & 4 -vs1.S.Balasubramaniyan 2.The Power Grid Corporation India Ltd., 400 KV Sub Station, Kalaivanthapattu, Guduvanchery, Chengalpet Taluk, Kanchepuram District.
... Respondents/Petitioner/3rd Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order of Hon'ble Mr.Justice C.S.Karnan in W.P.No.10337 of 2014 dated 15.12.2014.
PRAYER: Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus directing the respondents to forthwith remove high tension tower installed in the petitioner's property and consequently forbear from installing any high tension tower in petitioner's property, comprised in survey No. 89/1 in No.155, Payyanur Village, Chenglepet Taluk and Chengalpet MGR District, admeasuring 35.32 acres.
For Appellants : Mr.Abdul Saleem For Respondents : No appearance
JUDGMENT
(Judgment of this Court was delivered by T.RAJA, J.) This Writ Appeal has been directed against the impugned order dated 15.12.2014 passed by the learned Single Judge in W.P.No.10337 of 2014.
2.When the matter is taken up for hearing, Mr. Adbul Saleem, learned counsel appearing for the Tamil Nadu Electricity Board/appellants submitted that when the Writ Petition was filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the appellants to forthwith remove high tension tower installed in the writ petitioner's property and consequently forbear from installing any high tension tower in his property comprised in S.No.89/1 in No.155, Payyanur village, Chinglepet Taluk and Chinglepet MGR District, admeasuring 35.
32 acres, the learned Single Judge, restricted the appellants herein from installing the high tension tower in the Writ Petitioner's property and granted liberty to the appellants to issue notice to the writ petitioner and to sort out the matter regarding occupation of the said property, if there is no alternative site belonging to the Government. Learned counsel appearing for the appellants further submitted that since the appellants have completed the construction of high tension tower even on 20.10.2015, nothing further survives in this matter.
3.Recording the said submission made by the learned counsel appearing for the Tamil Nadu Electricity Board/appellants, this Writ Appeal stands closed since nothing survives for further adjudication. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar vga To 1.The Power Grid Corporation India Ltd., 400 KV Sub Station, Kalaivanthapattu, Guduvanchery, Chengalpet Taluk, Kanchepuram District.
2.The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai.
3.The Assistant Executive Engineer, Transmission Line construction, Tantrans Co., Maraimalai Nagar, Chengalpet Taluk, Kancheepuram District.
4.Superintending Engineer, General Construction Circle-II, Tantrans Co., Guindy, Chennai-32.
W.A.No.1447 of 2015 and M.P.No.1 of 2015 SSI(CO) GN(04/08/2021)