Madras High CourtWP(MD)/24211/2022disposed of

Kamatchi v. The District Collector

2023-12-15Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.24211 of 2022 Kamatchi ... Petitioner Vs.

1.The District Collector, District Collector Office, Thoothukudi District, Thoothukudi.

2.Green Power Services, Ayya House, Ambalavanapuram, Mahendragiri, Radhapuram Taluk, Tirunelveli District.

3.Green Power Services, Anbu Nagar Extension, Thiyagaraja Nagar, Nellai 627 061.

4.The Assistant Engineer, TANGEDCO, Vilathikulam Town and Taluk, Thoothukudi District.

5.The Superintending Engineer, Non Conventional Energy Source, Tamil Nadu Electricity Board, Tirunelveli.

6.M/S.K.S.Power Project India Private Limited, Pungamuthur Post, Karattumadam, Tiruppur 642 207.

(R.5 and R.6 have been suo motu impleaded vide order dated 20.11.2023) 7.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

(R.7 is suo motu impleaded vide order of this Court dated 15.12.2023) ... Respondents Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, to direct the 1st and 4th respondents to take immediate steps to remove the electric post erected in petitioner's land comprised in S.F.Nos. 113/5, 140/2, 186/14, 186/15, 186/4, 187/1, 188/1, 188/2 and 188/3 totally an extent of 3.95.0 Hectares in Patta No.1127 situated at Koothalurani Village, Vilathikulam Taluk, Thoothukudi District based on the petitioner's representation dated 03.10.2022.

For Petitioner : Mr.R.Murugan For R1 & R.7 : Mr.M.Siddharthan Additional Government Pleader For R2 & R3 : Tapal Returned For R4 : Mr.S.Deenadhayalan Standing Counsel For R6 : No appearance

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for TANGEDCO. The private respondents have not chosen to enter appearance though their names are printed in the cause list.

2.The case of the petitioner is that in the petition mentioned patta land, without her consent, electric poles have been erected. 3.The petitioner is permitted to file a petition before the seventh respondent in this regard. The seventh respondent will conduct enquiry. Notice will be issued to the sixth respondent herein. If the Tahsildar comes

to the conclusion that the petition mentioned lands are the petitioner's patta lands, he shall direct the sixth respondent to remove the poles from the petition mentioned lands. This entire exercise shall be completed within a period of eight weeks from the date of submission of representation from the petitioner herein.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

15.12.2023 NCC :No Internet :Yes Index :No MGA To 1.The District Collector, District Collector Office, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

G.R.SWAMINATHAN, J.

MGA 15.12.2023