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Madras High CourtWP/27192/2013dismissed

V.G.Thirumalai v. The District Collector-Cum-

2016-07-05Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.27192 of 2013 V.G.Thirumalai ... Petitioner -Vs1. The District Collector-cum- Inspector of Panchayat, Kancheepuram District, Kancheepuram 631 501.

2. The Director, Directorate of Employment and Training, Govt. of Tamilnadu, Guindy, Chennai 600 032.

3. The Block Development Officer, Kattankulathur Block, Kattankulathur Post, Chengalpet Taluk 603 203.

4. The Superintending Engineer, Tamil Nadu Electricity Board, G.S.T.Road, Chengalpet Town 603 002.

5. The Principal Govt. Industrial Training Institute, 243, Malayadi Venbakkam Village, Chengalpet Taluk, Kancheepuram District.

6. Junior Engineer, Rural (South), Alagesan Nagar, Chengalpet.

7. K.Salguru ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 16.08.2013, consequently direct the respondents to protect the Government Property belonging to the Government Industrial

Training Institute, Venbakkam Village, Chengalpet, bearing Survey Nos.159/2 and 160 and Pond belonging to the villagers of the Venbakkam, bearing Survey Nos.159/1 and 158, by removing illegally laid cement road in the above said four Survey numbers and also to restore the land to its original state and further direct the 4th respondent not to shift the Transformer and row of light posts erected upon the Government Industrial Training Institute Campus.

For Petitioner :

No appearance For Respondents :

Mr.S.V.Duraisolaimalai for R-3 :

Mr.C.Jagadish for R-7 :

Mr.S.K.Raameshwar for RR 4 & 6

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner, Mr.K.V.Babu, states that he has already given a change of vakalat. No other vakalat has been filed.

2.The petitioner in the public interest litigation makes a dual grievance: 1) the transformer is not being shifted by the electricity board; and 2) there is a illegally laid cement road in the property belonging to the Government Industrial Training Institute, Venbakkam village, Chengalpet.

3.In support of the first aspect, learned counsel appearing for respondents 4 and 6 states that the charges for shifting has not been deposited and that is the reason the transformer has not been shifted. The charges as indicated on 22.07.2013 were Rs.3,92,960/-.

4.Learned counsel for the seventh respondent states that the present petition is only inspired by a spike, as the petitioner had lost the panchayat election to the seventh respondent and his election petition is also pending. Further, the same road is stated to have been laid on the existing mud road in the approved layout and the area is earmarked for road gifted to the local panchayat.

5.In view of the aforesaid position explained by the respondents, the writ petition is dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

sra To

1. The District Collector-cum- Inspector of Panchayat, Kancheepuram District, Kancheepuram 631 501.

2. The Director, Directorate of Employment and Training, Govt. of Tamilnadu, Guindy, Chennai 600 032.

3. The Block Development Officer, Kattankulathur Block, Kattankulathur Post, Chengalpet Taluk 603 203.

4. The Superintending Engineer, Tamil Nadu Electricity Board, G.S.T.Road, Chengalpet Town 603 002.

5. The Principal Govt. Industrial Training Institute, 243, Malayadi Venbakkam Village, Chengalpet Taluk, Kancheepuram District.

6. The Junior Engineer, Rural (South), Alagesan Nagar, Chengalpet.

+1cc to Mr.C.Jagadish, Advocate, S.R.No.37863 +1cc to Mr.S.K.Raameshwar, Advocate, S.R.No.37701 +1cc to the Government Pleader, S.R.No.37964 W.P.No.27192 of 2013 NR(CO) CA(26/07/2016)