P.Kumaresan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. Nos. 29462 and 29463 of 2023
1. P.Kumaresan
2. Balakrishnan
3. N.Muthusamy
4. Muthusamy
5. S.Valliyathal
6. Kuppusamy
7. V.Chellamuthu
8. Periyasamy
9. Subramaniam 10.Tanga Eswari 11.Muthusamy Gounder ... Petitioner Vs.
1.The District Collector Officer of the District Collector Tiruppur District, Tiruppur 2.The Revenue Division Officer Dharapuam
3. The Tahsildar Dharapuam Taluk 1/6
4. The Superintendent of Police Tiruppur District Police Tiruppur
5. The Deputy Superintend of Police Dharapuram Range
6. The Inspector of Police Moolanur Police Station
7. M/s.JSW Renew Energy Ltd.
Represented by its Manager Project office, 230/33KV Substation, S.F.No.358/1, Peramium Village, Dharapuram Taluk, Tiruppur Disstrict - 638661 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of writ of mandamus in the nature of writ, directing the respondents 1 to 3 to prevent the illegal entry of the 7th respondent in the lands of the petitioners comprised in S.F.Nos.343/1, 343/2, 308/13, 308/6, 311/1, 344/1, 310/2, 283/2, 114/2, 114/4, 113/1 in Peramium Revenue Village and S.F.No.s 567/A2, 297/1A, 297/1B, 297/3, 297/4, 297/5, 594/3, 607/3, 565/1, 296/A4, 519/1, 567/A3, 567/B1, 273/2A, 609/3A, 609/4A, 606 in Thurambadi Revenue Village, Dharapuram Taluk, Tiruppur District to draw or string overhead Transmission Lines/Wires of any nature over the above mentioned lands in view of the representations of the petitioners dated 23.08.2023.
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For Petitioner : Mr.M.Guruprasad For Respondents : Mr.R.P. Murugan Government Advocate for R1 to R3 Mr.S.Sugendran Additional Public Prosecutor for R4 to R6
ORDER
This Writ Petition is filed seeking a writ of mandamus in the nature of writ, directing the respondents 1 to 3 to prevent the illegal entry of the 7th respondent in the lands of the petitioners comprised in S.F.Nos.343/1, 343/2, 308/13, 308/6, 311/1, 344/1, 310/2, 283/2, 114/2, 114/4, 113/1 in Peramium Revenue Village and S.F.No.s 567/A2, 297/1A, 297/1B, 297/3, 297/4, 297/5, 594/3, 607/3, 565/1, 296/A4, 519/1, 567/A3, 567/B1, 273/2A, 609/3A, 609/4A, 606 in Thurambadi Revenue Village, Dharapuram Taluk, Tiruppur District to draw or string overhead Transmission Lines/Wires of any nature over the above mentioned lands in view of the representations of the petitioners dated 23.08.2023.
2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3 and the learned Additional Public Prosecutor for the respondents 4 to 6 and perused the records. 3/6
3. Since the police have no role to play in regard to the relief sought for in this Writ Petition, the respondents 4 to 6 are exonerated. Though this writ petition is filed forbearing the 7th respondent from making illegal entry and since, petitioner himself stated that already, the electricity towers were erected, the prayer sought for in this petition cannot be considered.
4. Accordingly, the writ petition is dismissed at the admission stage itself. The petitioners are at liberty to work out their remedy in the manner known to law. No costs. W.M.P.No.29462 of 2023 is ordered on payment of separate Court fee by each of the petitioners. 16.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To 1.The District Collector Officer of the District Collector Tiruppur District, Tiruppur 2.The Revenue Division Officer Dharapuam
3. The Tahsildar Dharapuam Taluk
4. The Superintendent of Police Tiruppur District Police Tiruppur
5. The Deputy Superintend of Police Dharapuram Range
6. The Inspector of Police Moolanur Police Station 5/6
P.VELMURUGAN. J.
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