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Madras High CourtWP(MD)/5391/2019closed

G.Vasantha Kumar, v. Govt. Of Tamilnadu,

2022-11-18Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP(MD)No.4283 of 2019 G.Vasantha Kumar ... Petitioner vs.

1. Govt of Tamil Nadu, Rep by its Principal Secretary, Revenue Administration, Fort St.George, Chennai.

2. The District Collector, O/o. The District Collectorate,

3. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Alankulam Taluk, Tenkasi, Tirunelveli District.

1/6

4. The Thasildar, O/o. Tahsildar, Alangulam Taluk,

5. The Executive Engineer, O/o. The Executive Engineer, The Public Works Department, Citrarvadinila Kottam Kudiyirupu, Tenkasi, Tirunelveli District,

6. Aangulam Panchayat Union Council, Rep by the Special Officer, O/o. Alangulam Panchayat Union, Alangulam,

7. M/s.Leit Wind Shriram Manufacturing Ltd., Rep. by its authorised signatory Mr.J.Sriram, Sigappi Achi, Building 4th floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to forbear the 7th respondent from erecting the windmill in Survey Nos.5/3, 5/5, 5/6, 5/7, 5/9, 5/12, 5/13, 5/14, 5/15, 5/16, 5/17, 5/18, 5/19 in an extent of 0.09.5, 0.05.5, 0.09.5, 0.05.5, 0.05.0, 0.12.0, 0.080, 0.07.5, 0.08.5, 0.05.0, 0.05.0, 0.05.0, 2/6

0.08.0 hectares of wet lands respectively situated at Naranapuram Village, Alangulam Taluk, Tirunelveli District and to remove the construction and encroachments made by the 7th respondent in Survey Nos.5/3, 5/5, 5/6, 5/7, 5/9, 5/12, 5/13, 5/14, 5/15, 5/16, 5/17, 5/18, 5/19 in an extent of 0.09.5, 0.05.5, 0.09.5, 0.05.5, 0.05.0, 0.12.0, 0.080, 0.07.5, 0.08.5, 0.05.0, 0.05.0, 0.05.0, 0.08.0 hectares of wet lands respectively situated at Naranapuram Village, Alangulam Taluk, Tirunelveli District and remove the encroachment made therein. For Petitioner : Mr.S.Rajasekar For R1 to R6 : Mr.P.Thilakkumar, Government Pleader For R7 : Mr.T.Sakthikumaran

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to forbear the 7th respondent from erecting the windmill in Survey Nos.5/3, 5/5, 5/6, 5/7, 5/9, 5/12, 5/13, 5/14, 5/15, 5/16, 5/17, 5/18, 5/19 in an extent of 0.09.5, 0.05.5, 0.09.5, 0.05.5, 0.05.0, 0.12.0, 0.080, 0.07.5, 0.08.5, 0.05.0, 0.05.0, 0.05.0, 0.08.0 hectares of wet lands 3/6

respectively situated at Naranapuram Village, Alangulam Taluk, Tirunelveli District and to remove the construction and encroachments made by the 7th respondent therein.

2.

Today, when the writ petition was taken up for hearing, learned counsel for the petitioner produced the order passed by the National Company Law Tribunal, Chennai, in CP/IB/25/CHE/2022 dated 14.10.2022 and submitted that as per the said order, the 7th respondent company has now been placed under liquidation and therefore, nothing survives in the writ petition. 3.

Recording the said submission, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 18.11.2022 Internet : Yes bala 4/6

To

1. The Principal Secretary, Govt of Tamil Nadu, Revenue Administration, Fort St.George, Chennai.

2. The District Collector, O/o. The District Collectorate,

3. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Alankulam Taluk, Tenkasi, Tirunelveli District.

4. The Thasildar, O/o. Tahsildar, Alangulam Taluk,

5. The Executive Engineer, O/o. The Executive Engineer, The Public Works Department, Citrarvadinila Kottam Kudiyirupu, Tenkasi, Tirunelveli District,

6. The Special Officer, Aangulam Panchayat Union Council, O/o. Alangulam Panchayat Union, Alangulam, Tirunelveli District, 5/6

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

bala ORDER MADE IN DATED : 18.11.2022 6/6