Madras High CourtWP/26001/2018dismissed as withdrawal

T.Thirumalaisamy v. The Chief Engineer

2018-10-04Honourable Mr Justice S. Manikumar,Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:4/10/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE Ms.JUSTICE P.T.ASHA Writ Petition No.26001 of 2018 T. Thirumalaisamy ..Petitioner Vs.

1. The Chief Engineer Non-Conventional Energy Sources TANGEDCO, II Floor Eastern Wing Chennai 600 002.

2. The Superintending Engineer Non-Conventional Energy Sources TANGEDCO Kolumam Road Udumalpet 642 126.

Tiruppur District.

3. The District Collector Tiruppur District.

4. The Block Development Officer/ Special Officer Kundadam Panchayat Union Nandavanampalayam Village Dharapuram Taluk Tiruppur District.

5. M/s. Watsun Infrabuild Private Limited Having Corporate Office at No.102 EI Tara Building Orchard Avenue Hiranandani Gardens Powai Mumbai.

Branch Office at No.25 B First Floor Vigensham Lay Out Gandhi Nagar - II, Udumalpet Tiruppur District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus to direct the respondents 1 to 4 to forbear the fifth respondent from

erection of windmill comprised in S.No.3/2 situated at Nandhavanampalayam Revenue Village, Kungumampalayam, Dharapuram Taluk, Tiruppur District.

For petitioner ...

Mr.M.Manohar For respondents ...

Mr.T.N.Rajagopalan Government Pleader - - - - -

O R D E R

(Order of the Court was made by S.MANIKUMAR, J) Instant writ petition has been filed, praying to direct the respondents 1 to 4, to forbear the fifth respondent, from erecting windmill, in S.No.3/2, situated at Nandhavanampalayam Revenue Village, Kungumampalayam, Dharapuram Taluk, Tiruppur District.

2. Attention of this Court was invited to the another writ Petition No.22231 of 2018, filed by Mr.P.Balasubramaniam, S/o.Mr.Palanisamy, who has filed W.P.No.22231 of 2018, with respect to the very same prayer, sought for, by the petitioner in the instant writ petition and objection being raised for setting up of a wind mill.

3. Entire case papers in W.P.No.22231 of 2018 has been called for and perused.

4. In W.P.No.22231 of 2018, on the directions of the writ Court, an Advocate Commissioner has visited the subject place at S.No.3/2, situated at Nandhavanampalayam Revenue Village, Kungumampalayam, Dharapuram Taluk, Tiruppur District, on 10/9/2018 and submitted a report, dated 24th September 2018, with photographs.

5. In the instant writ petition, petitioner though claimed himself as a Public Interest Litigant, appears to be only vindicating the case of Mr.P.Balasubramaniam, petitioner in W.P.No.22231 of 2018.

6. Mr.M.Manohar, learned counsel for the petitioner seeks permission of this Court, to withdraw the writ petition and he has also made an endorsement to that effect.

7. In view of the endorsement made by the learned counsel appearing for the petitioner, instant writ petition is dismissed as withdrawn. No costs.

MVS Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar