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Madras High CourtWP/18300/2022dismissed as infructuous

Red Roof Enterprises v. The District Collector

2024-12-03Honourable Mr Justice S. Sounthar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.17658 and 17661 of 2022 Red Roof Enterprises, Unit101, Ahad Pinnacle, No.80, 5th Main Road, 2nd Cross, 5th Block, Koramangala Industrial Area, Bangalore - 560 095 Repd By its Partner J.Balaji Babu ... Petitioner in WP.No.18300/2022 Uber Niche Associates, Unit101, Ahad Pinnacle, No.80, 5th Main Road, 2nd Cross, 5th Block, Koramangala Industrial Area, Bangalore - 560 095 Repd By its Partner J.Balaji Babu ... Petitioner in WP.No.18304/2022 vs.

1.The District Collector, District Collector Office - Krishnagiri, Krishnagiri District 1/8

2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited/Tamil Nadu Transmission Corporation, 144, Anna Salai, Chennai 600 002 3.The Director, TANTRANSCO-Projects, 144, Anna Salai, Chennai 600 002.

4.The Superintending Engineer, General Construction, TANTRANSCO, Krishnagiri 5.The Executive Engineer, TANTRANSCO, Dharmapuri - 636 705 6.The Additional Chief Secretary, Industrial Department (Chairman of the Empowered Committee) Secretariat, Fort. St. George, Chennai - 600 009.

7.The Chairman and Managing Director, Tamilnadu Industrial Development Corporation Limited, 19-A, Rukmani Lakshmipathy Road (Marshall Road), Egmore, Chennai - 600 008 8.The Chief Executive Officer/Managing Director, Industrial Guidance and Export Promotion Bureau (GUIDANCE) 19-A, Rukmani Lakshmipathy Road (Marshall Road), Egmore, Chennai - 600 008 2/8

9.Exide Industries Limited, Rep by its Authorised Signatory Mr.K.Saravanan, having its registered office at Exide House, 59E, Chowringhee Road, Kolkata-700 020.

Respondents (in both WPs) (R9 Impleaded Vide Order Dated 08.08.2022 made in W.M.P.Nos.19106 and 19111/2022 in W.P.Nos.18300 and 18304/2022) PRAYER in W.P.No.18300 of 2022: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd to 5th Respondents, their men, officers, representatives from in any manner erecting 110KV Towers No.25 & 26 thereby drawing high voltage Over Head Electrical Lines in the Petitioner's land bearing S.F.No.231/2D which is against the Article 14 of the Constitution of India and consequently direct the 2nd to 5th Respondent to lay underground UD cables in the Petitioner's S.F.No.231/2D, Sevaganapally Village, Hosur Taluk as per the 6th Respondents proceedings dated 18.02.2022. PRAYER in W.P.No.

18304 of 2022: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd to 5th Respondents, their men, officers, representatives from in any manner erecting 110KV Towers No.25 & 26 thereby drawing high voltage Over Head Electrical Lines in the Petitioner's land bearing S.F.No.231/2B which is against the Article 14 of the Constitution of India and consequently direct the 2nd to 5th Respondent to lay underground UD cables in the Petitioner's S.F.No.231/2B, Sevaganapally Village, Hosur Taluk as per the 6th Respondents proceedings dated 18.02.2022.

For Petitioners : Mr.R.S.Pandiyaraj (in both WPs) For R1 and R8 : Mr.S.Balamurugan Government Advocate (in both WPs) For R2 to R5 : Mr.D.R.Arunkumar Standing Counsel (TNEB) (in both WPs) For R7 : M/s.T.S.Gopalan & Co (in both WPs) For R9 : M/s.K.Gowthamkumar (in both WPs) C O M M O N O R D E R These Writ Petitions are filed seeking writ of Mandamus, forbearing the respondents 2 to 5 from erecting 110KV Towers No.25 and 26 thereby drawing high voltage Over Head Electrical Lines in the property of the petitioners situated in S.F.Nos.231/2D and 231/2B in Sevaganapally Village, Hosur Taluk and further direct the respondents 2 to 5 to lay underground UD cables in the petitioners' S.F.Nos.231/2D and 231/2B. 4/8

2. The learned counsel appearing for the petitioners submits that the erection of 110KV Towers No.25 and 26 was already over and hence, the prayer sought for by the petitioners in these writ petitions have become infructuous.

3. In view of the above said statement made by the learned counsel appearing for the petitioners, the Writ Petitions are dismissed as infructuous. No costs. Consequently, the connected writ miscellaneous petitions are closed.

03.12.2024 Index : Yes/No Speaking order:Yes/No dm 5/8

To 1.The District Collector, District Collector Office - Krishnagiri, Krishnagiri District 2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited/Tamil Nadu Transmission Corporation, 144, Anna Salai, Chennai 600 002 3.The Director, TANTRANSCO-Projects, 144, Anna Salai Chennai 600 002.

4.The Superintending Engineer, General Construction, TANTRANSCO, Krishnagiri 5.The Executive Engineer, TANTRANSCO, Dharmapuri - 636 705 6.The Additional Chief Secretary, Industrial Department (Chairman of the Empowered Committee) Secretariat, Fort. St. George, Chennai - 600 009.

7.The Chairman and Managing Director, Tamilnadu Industrial Development Corporation Limited, 19-A, Rukmani Lakshmipathy Road (Marshall Road), Egmore, Chennai - 600 008 6/8

8.The Chief Executive Officer/Managing Director, Industrial Guidance and Export Promotion Bureau (GUIDANCE) 19-A, Rukmani Lakshmipathy Road (Marshall Road), Egmore, Chennai - 600 008 7/8

S.SOUNTHAR, J.

dm 03.12.2024 8/8