Ittoop T. Maliyekkal v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.6019 & 6020 of 2025 Ittoop T.Maliyekkal : Petitioner Vs.

1. The Chief Engineer, Non Conventional Energy Department, TANGEDCO, 800, Annasalai, Chennai-02.

2. The Superintendent Engineer, Wind Form Development, TANGEDCO, Maharaja Nagar, Palayamkottai, Tirunelveli District.

3. The District Collector, Tirunelveli District, Tirunelveli.

4. M/s. Supervint Project Pvt Ltd., 3rd Floor, Sair Heera Mundava Road, Pune-411 036, Maharastra State Represented by His Power Agent P.N.Ravi

5. M/s Shoop Reality (South) Private Ltd., 1/3, Liyos Building, 1/5

Salaipudur Road, Opposite to Tv Tower, Valliyur-627 117.

Represented by its Authorized Signatory, N.Ayyakutti

6. M.Vasantha

7. M.Nellaiyappan : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the 1st and 2nd respondents by purchasing the electricity from the 4th and 5th respondents through Wind Mill erected in the petitioner's properties in S.F.Nos.23/1, 23/2, 23/3, 23/4, 24/2 and 93 situated at Balapatra Ramapuram Village, Tenkasi District as per judgment and decree in O.S.No. 206 of 2010 on the file of the learned Principal District Munsif Court, Tenkasi dated 13.09.2017.

For Petitioners : Mr.V.Muthu Kamatchi For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R1 to R3 Mr.G.PRabhu Rajadurai for M/s.Ajmal Associates for R5

O R D E R

The writ petition has been filed seeking the issuance of a writ of mandamus, restraining respondents 1 and 2 from purchasing electricity from respondents 4 and 5 through the windmills erected on the 2/5

petitioner's properties in S.F. Nos. 23/1, 23/2, 23/3, 23/4, 24/2, and 93, situated at Balapatra Ramapuram Village, Tenkasi District, in accordance with the judgment and decree in O.S. No.206 of 2010, passed by the learned Principal District Munsif Court, Tenkasi, on 13.09.2017.

2. When the matter was taken up for hearing today, the learned Additional Government Pleader, on instructions, submitted that in respect of the land in question, the execution petition in E.P.No.56 of 2022 in O.S.No.206 of 2010 is pending before the Principal District Munsif Court, Tenkasi.

3. Recording the said submission, this Writ Petition is closed granting liberty to the petitioner to pursue the civil suit pending before the Principal District Munsif Court, Tenkasi. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 24.03.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The Chief Engineer, Non Conventional Energy Department, TANGEDCO, 800, Annasalai, Chennai-02.

2. The Superintendent Engineer,, Wind Form Development, TANGEDCO, Maharaja Nagar, Palayamkottai, Tirunelveli District.

3. The District Collector, Tirunelveli District, Tirunelveli.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7987 of 2025 24.03.2025 5/5