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Madras High CourtWP(MD)/7816/2019disposed of

Jemila, W/O.Anthony Mark, v. The District Collector,

2019-04-22Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7816 of 2019 Jemila ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Chairman, Tamilnadu Generation and Power Distribution Co.Ltd., (TANGEDCO), Kanthimandapam Road, Anna University Campus, Kotturpuram, Chennai-85.

3.The Superintending Engineer, Tamilnadu Generation and Power Distribution Co.Ltd., (TANGEDCO) 131-132, Ettayapuram Road, Thoothukudi, Thoothukudi District.

4.The Superintending Engineer, Tamilnadu Generation and Power Distribution Co.Ltd., (Wind Energy), (TANGEDCO), Maharajanagar, Palayamkottai, Tirunelveli District.

5.Assistant Engineer, (Distribution), Tamilnadu Generation and Power Distribution Co., ltd., (TANGEDCO) 110, Nethaji Road, Ottapidaram, Thoothukudi District.

6.The Special Officer, Ottapidaram Panchayat Union Office, Ottapidaram Taluk, Thoothukudi District.

7.The General Manager, M/s. Suzlon Wind Energy Co-Limited, 104, 1st Floor, Deltavis, Rakesha Towers, No.177 Annasalai Mount Road, Chennai - 600 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus for bearing the respondents 1 to 6 herein from in any way permitting the Suzlon Wind Energy CoLlimited / 7th Respondent herein to continue further construction work in connection with the erection of Wind Mill in my survey lands in Plot No.14, Sainagar II, comprised in S.No.23/11B and 23/11C situated at Ottapidaram Village, Thoothukudi District on the basis of the petitioner's representation dated 03.07.2018. For Petitioner: Mr.S.Mandhiralingeswaran For R1 & R6 : Mr.Karuppasamy, Government Advocate For R2 to R5 : Mr.S.M.S.Johny Basha For R7 : Mr.Ajmal Khan Senior Advocate

ORDER

When the matter was taken up for hearing, the learned Government Advocate submitted that he has not given any permission or license to erect any electric pole in the petition mentioned lands.

2.The learned Senior counsel appearing for the seventh respondent states that they have not erected any pole. 3.In view of the submission made by the learned Government Advocate and the seventh respondent, I am of the view that no further orders are necessary.

4.Recording the said submissions, this writ petition is disposed of. No costs.

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

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Special Officer, Ottapidaram Panchayat Union Office, Ottapidaram Taluk, Thoothukudi District.

+1 CC to M/s.S.MANDHIRA LINGESHWARAN, Advocate ( SR-61707[F] dated 23/04/2019 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-62114[F] dated 24/04/2019 ) PNN W.P.(MD)No.7816 of 2019 22.04.2019 KM/(09.05.2019) 3P 5C