M/S. E5 Properties Private Ltd v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.4091 of 2015 and M.P.No.1 of 2015 M/s.E5 Properties Private Limited, rep by its Managing Director J.Jayakrishnan No.19, Vellaiyan Road, Koturpuram, Chennai - 86.
... Petitioner Vs.
1.The Chairman, Tamil Nadu Electricity Generation & Distribution Corporation Limited, Anna Salai, Chennai - 600 002.
2.The Chairman, Tamil Nadu Transmission Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
3.The District Collector, Kanchipuram District, Kanchipuram.
4.The Superintendent Engineer, GCC2, A-10, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.
... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents from in anyway interfering with the peaceful possession of the petitioner's lands comprised in S.Nos.80/4 and 80/6 situated at No.31, Thalambhur Village, Chengalpet District lying within the jurisdiction of SRO Thiruporur belonging to the petitioner.
For Petitioner : Mr.Ramesh Kumar Chopra For Respondents: Mr.P.Gunaraj, Standing Counsel (R1, R2 & R4) Ms.A.Madhumathi, Special Government Pleader (R3)
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents from in anyway interfering with the peaceful possession of the petitioner's lands comprised in S.Nos.80/4 and 80/6 situated at No.31, Thalambhur Village, Chengalpet District lying within the jurisdiction of SRO Thiruporur belonging to the petitioner. 2.When the Writ Petition is taken up for hearing, Mr.P.Gunaraj, learned Standing Counsel appearing for the respondents 1, 2 & 4 submitted that the respondents have already erected the Tower in the land in question and also the entire work has been completed as early as in May 2015, therefore, the prayer sought for in the Writ Petition has become infructuous.
3.The 4th respondent has also filed a counter to the effect that the work has been completed in May 2015. 4.Since the respondents 1, 2 & 4 have already completed the work, the prayer sought for forbearing the respondents from interfering with the peaceful possession of the petitioner's lands cannot be granted. In such view of the matter, the Writ Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar va To 1.The Chairman, Tamil Nadu Electricity Generation & Distribution Corporation Limited, Anna Salai, Chennai - 600 002.
2.The Chairman, Tamil Nadu Transmission Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
3.The District Collector, Kanchipuram District, Kanchipuram.
4.The Superintendent Engineer, GCC2, A-10, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.
W.P.No.4091 of 2015 and M.P.No.1 of 2015 VSN II(CO) GN(09/10/2020)