S.Karthikeyan v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.5735 of 2014 and M.P.No.1 of 2014 S.Karthikeyan ... Petitioner Vs.

1.The Collector, Vellore District, Sathuvachary, Vellore.

2.The Senior Engineer, Tamil Nadu Transmission Corporation Ltd., Transmission Wing, Salem, Salem District.

3.The Executive Engineer, Tamil Nadu Transmission Corporation Ltd., Transmission Wing, Townline Construction, Vengalapuram, Tiruppattur, Vellore District.

4.The Assistant Director of Town, Tamil Nadu Transmission Corporation Ltd., Ambur Sub Station, Reddy Thoppu, Ambur - 635 802.

5.The Junior Engineer, Vinnamangalam Sub Station, Vinnamangalam, Ambur - 635 802, Vellore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents, their men, agents, servants or anybody claiming through or under them from constructing transmission tower under the guise of public purpose in petitioner's patta lands of an extent of 2 acres in Survey No.3/2, 621/1, 621/2 in Ambur Town within the limits of Ambur Municipality, Vellore District except by due process of law

For Petitioner : Ms.S.Thamizharasi For Respondents: Ms.A.Madhumathi, Special Government Pleader (R1) Mr.Abdul Saleem (R2 to R4) R5 - no appearance

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus forbearing the respondents from constructing transmission tower under the guise of public purpose in petitioner's patta lands of an extent of 2 acres in Survey No.3/2, 621/1, 621/2 in Ambur Town within the limits of Ambur Municipality, Vellore District except by due process of law.

2.It is the case of the petitioner that the respondents 2 to 4 are trying to construct transmission tower in his land. 3.When the Writ Petition was taken up for hearing, Ms.S.Thamizharasi, learned counsel appearing for the petitioner submitted that after the filing of the Writ Petition, the respondents 2 to 4 have re-routed the transmission line without disturbing the petitioner's land. 4.Since the respondents had already constructed the transmission tower in some other land, the prayer sought for in the Writ Petition cannot be granted. In the event of the respondents taking steps to construct the transmission tower in the petitioner's land, they can only do the same following due process of law.

5.With these observations, the Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar va To 1.The Collector, Vellore District, Sathuvachary, Vellore.

2.The Senior Engineer, Tamil Nadu Transmission Corporation Ltd., Transmission Wing, Salem, Salem District.

3.The Executive Engineer, Tamil Nadu Transmission Corporation Ltd., Transmission Wing, Townline Construction, Vengalapuram, Tiruppattur, Vellore District.

4.The Assistant Director of Town, Tamil Nadu Transmission Corporation Ltd., Ambur Sub Station,Reddy Thoppu, Ambur - 635 802.

5.The Junior Engineer, Vinnamangalam Sub Station, Vinnamangalam, Ambur - 635 802, Vellore District.

W.P.No.5735 of 2014 and M.P.No.1 of 2014 SSV(CO) CB(20/10/2020)