M/S Suzion Energy Limitied, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.11022 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 M/s.Suzlon Energy Limited, Rep.by its Senior Manager (HR & Admin), 104, I Floor, Delta Wing, Raheja Towers, 177, Anna Salai, Chennai-600 002.

... Petitioner -Vs1.The District Collector, Tuticorin District, Tuticorin.

2.The Superintending Engineer, TANGEDCO, 131-132, Ettayapuram Road, Tuticorin.

3.The Superintending Engineer, Public Works Department, Korampallam, Tuticorin District.

4.The Assistant Executive Engineer, Public Works Department, Korampallam Sub Division, Kovilpatti, Tuticorin District.

5.The Chief Engineer (NCES), II Floor, Eastern Wing, 144, Anna Salai, Chennai-600 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the 4th respondent vide ref. letter No.F-244/2014/ dated 20.05.2014 and further the order of the 4th respondent vide ref. letter No.K-244/2014/dated 23.06.2014 and quash the same.

For Petitioner : Mr.Karthik Raja, for M/s.Ajmal Associates For R1, R3 to R5 : Mr.S.P.Maharajan, Special Government Pleader For R2 : No Appearance

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The orders of the 4th respondent dated 20.05.2014 and 23.06.2014, directing the contractor of the petitioner to remove the towers from Pudukulam Kanmoi within a period of thirty (30) days, are under challenge in this Writ Petition.

2.When the matter was taken up for hearing on 24.01.2024, the petitioner submitted that his representation dated 26.05.2014 seeking for "No

Objection Certificate" for erection of towers and transmission of electric over the subject land, is pending before the 4th respondent. Therefore, the same was directed to be considered by the 4th respondent on or before 08.02.2024. 3.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1, 3 to 5 submitted that pursuant to the direction issued by this Court on 24.01.2024, the representation of the petitioner having been considered, is rejected by the 4th respondent vide order dated 07.02.2024.

4.In view of the said submission, this Writ Petition stands dismissed. However, if the petitioner is aggrieved by the said rejection order dated 07.02.2024 passed by the 4th respondent, he is at liberty to challenge the same in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 29.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Superintending Engineer, Public Works Department, Korampallam, Tuticorin District.

3.The Assistant Executive Engineer, Public Works Department, Korampallam Sub Division, Kovilpatti, Tuticorin District.

4.The Chief Engineer (NCES), II Floor, Eastern Wing, 144, Anna Salai, Chennai-600 002.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.11022 of 2014 29.02.2024