P.Bhuvaneswari v. Power Grid Coproration Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12974 of 2020 and WMP.No.16056 of 2020 P.Bhuvaneshwari, W/o.S.K.Ponnasamy.

... Petitioner Vs.

1.Power grid Corporation of India Ltd.

Represented through its Managing Director, Having his office at Palladam TLC Office, No.28-B-2, First Floor, Pollachi Road, (Vadugapalayam Road), (Pugalur Arasaur High-Power grid line) Palladam, Tiruppur District.

2.Ramathal, W/o.Late Kandasamy.

3.K.Paramasivam, S/o.Late Kandasamy.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 1st respondent to stop the illegal construction activity that is being currently carried on and pass orders.

For Petitioner : Mr.Alan David Rufus.S For Respondents : Mr.N.Damodharan, for R1 Standing counsel.

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus forbearing the first respondent to stop the work that is being carried on in the subject property. 2.The case of the petitioner is that the third and fourth respondents are the owners of the subject property and the petitioner has entered into an agreement of sale dated https://hcservices.ecourts.gov.in/hcservices/ Page numbers

18.01.2019 with the third and fourth respondents and she had also paid some advance money. The grievance of the petitioner is that when the agreement of sale is in force, the second respondent and third respondents have permitted the first respondent to put up a tower in the subject property. Aggrieved by the same, the present writ petition has been filed before this Court.

3.In the considered view of this Court, the petitioner has no locus standi to question the act of the first respondent. At the best, the petitioner can only go before the competent civil court and enforce her agreement of sale dated 18.01.2019. Admittedly, the same has not been done till today.

4.This Court does not find any merits in this writ petition and accordingly the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rm To 1.The Managing Director, Power grid Corporation of India Ltd.

Having his office at Palladam TLC Office, No.28-B-2, First Floor, Pollachi Road, (Vadugapalayam Road), (Pugalur Arasaur High-Power grid line) Palladam, Tiruppur District.

W.P.No.12974 of 2020 AJS(CO) CB(05/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers