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Madras High CourtWP/28924/2016dismissed as infructuous

Rosu Reddy v. The Superintendent Engineer

2017-03-03Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W. P. No. 28924 OF 2016 & W.M.P.No.25001 of 2016 Rosu Reddy ... Petitioner Vs

1. The Superintendent Engineer, Coimbatore-641 004.

2. The Executive Engineer (Works) Head Quarters, TANTRANSCO, Coimbatore-641 012.

3. The Junior Engineer, Coimbatore-641 012.

4. The District Collector, Coimbatore District, Coimbatore-641 012.

5. The Chairman, 144, Anna Salai, Chennai 600 002.

... Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the fourth respondent in Ref.No.4033/2016/C2 dated 30.06.2016 and quash the same and forbear the 1st respondent herein from erecting the tower at a site 'A' in the sketch attached.

For Petitioner : Mr.S.Ranjith Kumar For Respondents : Mr.C.Manishankar, Addl. Advocate General, assisted by Mr.S.K.Raameshuwar for R1 to R3&R5 Mr.M.Elumalai, Govt. Advocate for R4

O R D E R

This writ petition has been filed seeking for issuance of Writ of Certiorarified Mandamus calling for the records of the fourth respondent in Ref.No.4033/2016/C2 dated 30.06.2016 and quash the same and forbgear the 1st respondent herein from erecting the tower at a site 'A' in the sketch attached. 2.When the matter is taken up today, the learned Additional Advocate General appearing for respondents 1 to 3 and 5, placing on record the sale deed dated 28.11.2016, submitted that the land, which is subject matter of the writ petition, has already been sold by the petitioner and therefore, the petitioner has no locus standi to file this writ petition. 3.In reply, learned counsel for the petitioner, after taking instructions fairly submitted that the prayer in the writ petition has become infructuous, as the petitioner is no longer the owner of the land in which the high tension wire was put up. 4.Recording the said submission, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is dismissed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Superintendent Engineer, Coimbatore-641 004.

2. The Executive Engineer (Works) Head Quarters, TANTRANSCO, Coimbatore-641 012.

3. The Junior Engineer, Coimbatore-641 012.

4. The District Collector, Coimbatore District, Coimbatore-641 012.

5. The Chairman, 144, Anna Salai, Chennai 600 002.

+1 CC to Mr.S.Ranjith Kumar, Advocate sr 14210 +1 CC to Mr.S.K.Raameshuwar, Advocate sr 14314 +1 CC to Govt. Pleader sr 14215 W. P. No. 28924 OF 2016 & W.M.P.No.25001 of 2016 sp/4/4