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Madras High CourtWP/17055/2016dismissed as infructuous

S.Annamuthu, v. The Government Of Tamil Nadu,

2020-10-08Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.17055 of 2016 and W.M.P.Nos.14542 & 14543 of 2016 S.Annamuthu ... Petitioner .Vs.

1. The Government of Tamil Nadu, rep by its Principal Secretary, Energy Department, Fort St.George, Secretariat, Chennai - 600 009.

2. The Chairman, Tamil Nadu Transmission Corporation Limited, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

3. The District Collector, Salem District, Salem.

4. The Superintending Engineer GCC/Salem, TANTRANSCO, General Construction Circle/Salem, Kamaraj Nagar Colony, Athur Bypass, Salem - 14, Salem District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the 4th respondent and his subordinates from entering the petitioner's lands and erecting high voltage electricity transmission towers in the petitioner's lands or from drawing high voltage electricity transmission lines across the petitioner's lands comprised in S.No.135/1C, 133/5B, 134/2, 134/5, 135/4 in patta no.206 situatedin Periyakrishnapuram Village, Pethanayakenpalayam Taluk, Salem District without following the provisions of the Electricity Act and Indian Telegraphic Act and Works of Licensee Rules and the 3rd respondent from according permission to the 4th respondent and his subordinates to enter the petitioner's said lands to erect the high voltage electricity transmission tower and draw high voltage electricity

transmission lines across the petitioner's said lands without determining the compensation or rent or both particularly as per the guidelines issued by the Government of India, Ministry of Power, New Delhi.

For Petitioner : Mr.P.Mani For Respondents: Mr.N.Damodaran, Standing Counsel - TNEB (R2 & R4) Mr.G.Rajesh, Government Advocate (R1 & R3)

O R D E R

Mr.P.Mani, learned counsel appearing for the petitioner submitted that the prayer sought for in the Writ Petition has become infructuous and hence, the Writ Petition may be dismissed as infructuous. Further, the learned counsel submitted that liberty may be given to the legal heirs of the deceased petitioner to challenge the order passed by the District Collector awarding compensation.

2.Recording the submission made by the learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. It is open to the legal heirs of the deceased petitioner to challenge the order of the District Collector. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Principal Secretary, Government of Tamil Nadu, Energy Department, Fort St.George, Secretariat, Chennai - 600 009.

2. The Chairman, Tamil Nadu Transmission Corporation Limited, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

3. The District Collector, Salem District, Salem.

4. The Superintending Engineer GCC/Salem, TANTRANSCO, General Construction Circle/Salem, Kamaraj Nagar Colony, Athur Bypass, Salem - 14, Salem District.

W.P.No.17055 of 2016 and W.M.P.Nos.14542 & 14543 of 2016 vg ii (co) rr ii (04/10/2020)