N.Uthayakumar v. The Chief Engineer(Civil
1 W.P.(MD)NO.2538 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.2538 of 2018 AND W.M.P.(MD)No.2721 of 2018 N.Uthayakumar ... Petitioner Vs.
1. The Chief Engineer (Civil Contracts-IV), National Hydro Electric Power Corporation Ltd., NHPC Office Complex, Room No.18, II Floor, Sector-33, Old Building, Faridabad 121 003, Haryana State.
2. The Chief Engineer, Non Conventional Energy Source, TANGEDCO 144, Anna Salai, Chennai - 2.
3. The District Collector, Theni District.
4. The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Ltd., K.Pudur, Madurai.
5. The Pudukottai Green Power Pvt. Ltd., Rep. by its Vice President, P.Kabilan, 1/4
2 W.P.(MD)NO.2538 OF 2018 Swathi Complex Apartment No.34, First Floor, Venkatanarayana Road, Nandanam, Chennai - 600 035. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to remove the unauthorized encroachment and erection of towers in agricultural lands, water catchment area in Devadanapatti Village, Periyakulam which is not mentioned in this scheme formulated by the second respondent.
For Petitioner : Mr.K.P.S.Palanivel Rajan For R-3 : Ms.P.B.Ahamed Yasmin Parvin, Government Advocate.
For R-1 : Mr.K.Sekar For R-5 : Mr.M.Govindarajan For R-2 & R-4 : Mr.S.Deenadhayalan * * *
O R D E R
Heard both sides.
2. The writ prayer reads as follows:- " For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a writ or direction, or 2/4
3 W.P.(MD)NO.2538 OF 2018 order or much in the nature of a Writ of Mandamus, directing the first respondent to remove the unauthorized encroachment and erection of towers in agricultural lands, water catchment area in Devadanapatti Village, Periyakulam which is not mentioned in this scheme formulated by the second respondent and pass such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. The petitioner has not mentioned the survey numbers which have been classified as water bodies. No representation was given to the District Collector also. The affidavit filed in support of the writ petition is bereft of details. We are therefore not in a position to grant any relief. Granting liberty to the petitioner to file fresh writ petition on the same cause of action if necessary, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 27th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4
4 W.P.(MD)NO.2538 OF 2018 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU To:
The District Collector, Theni District.
W.P.(MD)No.2538 of 2018 27.02.2025 4/4