Ultra Tech Cements Ltd v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.1145 of 2014 Ultra Tech Cements Ltd., Rep by its Executive President, V.Ganesan, Reddipalayam Post, Ariyalur District.

... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.Tamil Nadu General and Distribution Corporation Ltd., rep by its Superintending Engineer, (General Erection), TANGEDCO, K.Pudur, Madurai.

3.The Assistant Electrical Engineer, Tamil Nadu General and Distribution Corporation Ltd., (General Erection), TANGEDCO, K.Pudur, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from laying or erecting any high tension transmission line and tower on or over the petitioner's lands comprised in survey Nos.362 363 364 365 366 369 380 353 354 355 357 in K.Pitchampatti Village S.Nos. 285 and 286 Melapaguthi Village and S.F.No.308 Kalayapatti Karur Taluk Karur District.

For Petitioner : Mr.T.Antony Arul Raj For 1st Respondent : Mr.S.Chandrasekar, Government Advocate.

For Respondents 2 &3 : Mr.S.M.S.Johny Basha

O R D E R

Today when the matter came up for hearing, learned counsel for the respondents 2 and 3 brought to the notice of this Court that even before the filing of the writ petition, towers have already been erected and therefore, the relief sought for by the petitioner has become infructuous.

2.Learned counsel appearing for the petitioner would contend that liberty may be granted to get compensation, if towers have already been erected as alleged by the learned counsel for the respondents 2 and 3. https://hcservices.ecourts.gov.in/hcservices/

3.In view of the above, the writ petition is dismissed as infructuous giving liberty to the petitioner to move the appropriate forum for getting compensation in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1.The District Collector, Karur District, Karur.

2.The Superintending Engineer, Tamil Nadu General and Distribution Corporation Ltd., (General Erection), TANGEDCO, K.Pudur, Madurai. 3.The Assistant Electrical Engineer, Tamil Nadu General and Distribution Corporation Ltd., (General Erection), TANGEDCO, K.Pudur, Madurai.

+1cc to MR.S.M.S.JOHNNY BASHA, ADVOCATE IN SR : 2050 +1cc to MR.G.R.SWAMINATHAN, ADVOCATE IN SR : 2336 +1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 2201 Sms SR : 12.02.2015 : 2p/7c Writ Petition (MD)No.1145 of 2014 19.01.2015 https://hcservices.ecourts.gov.in/hcservices/