Madras High CourtWP(MD)/12271/2020dismissed as infructuous

R. Suresh Kumar v. The Superintending Engineer,

2020-10-14Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE R. Suresh Kumar .. Petitioner Vs.

1.The Superintending Engineer, Mannarpuram, Tiruchirapalli - 20

2. The Assistant Engineer, Chintamani Division, Thenur, Tiruchirapalli - 17.

3. The Junior Engineer, Chintamani Division, Thenur, Tiruchirapalli - 17.

4. The Manager, Kalaignar Arivalayam, 21, Karur Bypass Road, Tiruchirapalli.

[R-4 is impleaded vide Court order, dated 30.09.2020 in WMP(MD).NO.11300/2020] .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the first respondent to shift/remove the electric poles and service lines in the petitioner's land in T.S. No.26, Karur Bypass Road, Tiruchirapalli, by considering the petitioner's representation, dated 14.08.2020, within the time that may be stipulated by this Court.

For Petitioner : Mr.M. Mahaboob Athiff For R-1 to R-3 : Ms. M.Rajeswari Standing Counsel 1/3

ORDER

When the matter is taken up for hearing today, the learned Standing Counsel for the respondent Nos.1 to 3 has drawn the attention of this Court to the order, dated 17.08.2020 passed by the third respondent, wherein, the petitioner's representation, dated 14.08.2020 was duly considered and the third respondent has held that it is not technically feasible to shift the electric poles and service lines from the existing place to any other alternative place, as requested by the petitioner under his representation. Since final orders have been passed on the representation of the petitioner, the relief sought for in this Writ Petition has now become infructuous.

2.Recording the above submission made by the learned Standing Counsel for the respondent Nos.1 to 3, this writ petition is dismissed as infructuous. However, the third respondent is directed to serve a copy of the order, dated 17.08.2020 to the petitioner, within a period of one week, from today, i.e., on 15.10.2020. The petitioner is also granted liberty to challenge the order, dated 17.08.2020, in accordance with law. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO:

1.The Superintending Engineer, Mannarpuram, Tiruchirapalli - 20 2/3

2. The Assistant Engineer, Chintamani Division, Thenur, Tiruchirapalli - 17.

3. The Junior Engineer, Chintamani Division, Thenur, Tiruchirapalli - 17.

14.10.2020 CK(CO) NR (28/10/2020) 3P : 4C 3/3