S.Balasubramanian, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2024 CORAM :
JUSTICE N.SESHASAYEE and JUSTICE L.VICTORIA GOWRI and CMP(MD)No.4140 of 2019 S.Balasubramanian ...Appellant/Petitioner Vs.
1. The District Collector, Madurai District,Madurai 2.The Superintending Engineer, TANGEDCO, K.Pudur,Madurai.
3.The Superintending Engineer, General Construction Circle, K.Pudur, Madurai.
4.The Assistant Engineer, TANGEDCO, Vadipatti, Madurai District.
..Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letter Patent as against the order passed by this Court dated 06.03.2019 in W.P(MD)No. 5238 of 2019.
For Appellant : Mr.K.K.Kannan For R1 : Mr.Muthuvijayan, Special Government Pleader For R2 to R4 : Mr.S.Deenadhayalan Page No.1 of 4
J U D G M E N T
[Judgment was delivered by N.SESHASAYEE, J.] This appeal is directed against the order of the learned single Judge dismissing the Writ Petition filed by the appellant in which the appellant has sought a direction to restrain the concerned authority from erecting tower to carry high tension cable through his property. The learned counsel submitted that tower has since been erected and hence the matter has become infructuous. He further seeks leave of the Court to approach the District Collector under Section 10 of the Telegraph Act for compensation. He added that he is not pressing this appeal.
2. The appeal is accordingly dismissed as withdrawn. However, leave is granted to the appellant to approach the District Collector under Section 10 of the Telegraph Act for compensation. No costs. Consequently, connected miscellaneous petition is closed.
(N.S.S., J.) (L.V.G., J.) 11.06.2024 Index : Yes / No : Yes / No CM Page No.2 of 4
To,
1. The District Collector, Madurai District,Madurai 2.The Superintending Engineer, TANGEDCO, K.Pudur,Madurai.
3.The Superintending Engineer, General Construction Circle, K.Pudur, Madurai.
4.The Assistant Engineer, TANGEDCO, Vadipatti, Madurai District.
Page No.3 of 4
N.SESHASAYEE, J.
and L.VICTORIA GOWRI, J.
CM Judgment MADE IN and CMP(MD)No.4140 of 2019 11.06.2024 Page No.4 of 4