Sundara Raj. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Sundara Raj ... Petitioner -vs1.The District Collector, Tuticorin District, Collectorate, Tuticorin.

2.The Superintending Engineer, Office of the Superintending Engineer, Tuticorin Electricity Distribution Circle, 131, Ettayapuram Road, Tuticorin - 628 002, Tamil Nadu.

3.The Tashildar, Srivaikundam Taluk Office, Srivaikundam, Tuticorin District.

4.Vestas Wind Mill Pvt. Ltd.

3/370 (148), Old Mahabhalipuram Road, Gandhi Nagar, Duraipakkam, Chennai - 600 096.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to direct the 1/4

second and third respondents to remove three Power Line having 33000 Volts put up in front of the agricultural land of the petitioner and based on the representation dated 25.10.2021.

For Petitioner :

Mr.B.Char Murugan For R1 and R3 :

Ms.D.Farjana Ghoushia Special Government Pleader For R2 :

Mr.S.Deenadhayalan Standing Counsel For R4 :

Mr.D.Kirubakaran

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the Electricity Department to remove the electric post that has been erected in front of the agricultural land belonging to the petitioner, based on the representation made by him on 25.10.2021.

2. It is brought to the notice of this Court that the electrical lines were drawn in the year 2019-2020 and the electric towers have not been erected in the land belonging to the petitioner and the operation has commenced in the year 2021 itself. This electrical line is used to carry the electricity generated from the Windmill to Sub Stations.

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3. Taking into consideration the facts and circumstances of the case and also the fact that the electric towers have not been erected in the land belonging to the petitioner and it has already been made operational in the year 2021, this Court is not inclined to grant the relief as sought for by the petitioner. Accordingly, this Writ Petition stands dismissed. No costs. NCC : Yes/No 15.11.2023 Index : Yes/No SMN2 To 1.The District Collector, Tuticorin District, Collectorate, Tuticorin.

2.The Superintending Engineer, Office of the Superintending Engineer, Tuticorin Electricity Distribution Circle, 131, Ettayapuram Road, Tuticorin - 628 002, Tamil Nadu.

3.The Tashildar, Srivaikundam Taluk Office, Srivaikundam, Tuticorin District.

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N.ANAND VENKATESH, J.

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