Muthukumar, v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.16814 of 2018 Muthukumar ... Petitioner -vs1.The Chief Engineer, Non Conventional Energy Sources (NCES), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 600 002.

2.The Tamil Nadu Pollution Control Board, Represented by its Chairman, Guindy, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.30/2, SIDCO Campus, Pettai, Tirunelveli District.

5.The Executive Engineer, Non Conventional Energy Sources, Tamil Nadu Electricity Board, Aringer Anna Building, Maharaja Nagar, Tirunelveli District.

6.The Executive Officer, Kumbikulam Panchayath, Rathapuram Taluk, Tirunelveli District.

7.M/s.Para Enterprises (P) Ltd., 17A, Boobathi Building, Viruthunagar Road, Sivakasi, Viruthunagar District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents No.1 to 7 from installing the High Tension Wire Poles

and windmill in Survey Nos.543/2 and 560 in an extent of 1 acre 90 cents situated at Kumbikulam Village, Rathapuram Taluk, Tirunelveli District nearby the agricultural lands without following the due process of law based on representation sent by petitioner's villagers dated 21.03.2018.

For Petitioner :

Mr.Maran For Respondents :

Mr.G.Kasinathadurai 1 & 5 For Respondents :

Mr.N.Shanmugaselvam 2 to 4 & 6 Additional Government Pleader For 7th Respondent :

Mr.B.Saravanan

O R D E R

(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed seeking to forbear the respondents No.1 to 7 from installing the High Tension Wire Poles and windmill in Survey Nos.543/2 and 560 in an extent of 1 acre 90 cents situated at Kumbikulam Village, Rathapuram Taluk, Tirunelveli District nearby the agricultural lands without following the due process of law based on representation sent by petitioner's villagers dated 21.03.2018.

2.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondents 1 & 5, the learned Additional Government Pleader appearing for the respondents 2 to 4 and 6 and the learned counsel for the 7th respondent.

3.From the submissions made by the learned counsel appearing for the 7th respondent and after perusing the photographs produced this Court is of the view that there is nothing survives for adjudication in this writ petition as erection of High Tension Wire Poles and windmill has already taken place. 4.In such view of the matter, this Writ Petition stands closed. No costs.

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

To 1.The Tamil Nadu Pollution Control Board, Represented by its Chairman, Guindy, Chennai.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.30/2, SIDCO Campus, Pettai, Tirunelveli District.

4.The Executive Officer, Kumbikulam Panchayath, Rathapuram Taluk, Tirunelveli District.

+1 CC To MR.B.SARAVANAN, Advocate SR. NO. 86928 +1 CC To MR.G.KASINATHADURAI, Advocate SR. NO. 86318 +1 CC TO The Special Government Pleader SR.NO. 86605 W.P.(MD) No.16814 of 2018 24.09.2018 SJ TR/RP/SAR-I(28.09.2018)3P 8C