Lawrance v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.21848 & 21849 of 2022 Lawrance ... Petitioner Vs 1.The District Collector, District Collectarate, Tirunelveli District.

2.The Executive Engineer, TANGEDCO, TamilNadu Electricity Board, Tirunelveli District.

3.Block Development Officer, Maanur Taluk, Tirunelveli District.

4.The Manager, SUZLON Gujarat Wind Park Ltd., D.No.116/9, Madurai road, Kayathar, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of 1/4

the impugned order in Na.Ka.No. A2/ 973/2022 dated 20.10.2022 passed by the third respondent and quash the same and consequently issue direction to the respondents to not to erect any electricity line through petitioner patta land in Survey No. 1305/1A in Pirancheri Village.

For Petitioner : Mr.R.Mathava Selvam For Respondents : Mr.M.Linga durai Special Government Pleader for R.1 Mr.S.Deenadhayalan Standing Counsel for R.2 Mr.S.Kameswaran for R.3 Mr.C.Venkatesh Kumar for M/s.Ajmal Associates for R.4

ORDER

Heard the learned counsel on either side.

2. The petitioner is aggrieved by the grant of permission in favour of the fourth respondent. The petitioner alleges that the permission order would impinge upon his property rights in respect of the petition mentioned land. The petitioner owns the land in Survey No.1445/1A, Pirancheri Village, Maanur Taluk. It is clarified by the learned counsel appearing for the fourth respondent that no pole will be erected on the aforesaid land. They also would not draw their lines over the said survey number. The submission made by the fourth respondent is recorded.

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3. In that event, the petitioner's right will not at all be affected. It is too well settled that only a person whose rights have been infringed can maintain a writ petition. Since the petitioner's rights are not infringed, the question of interfering with the impugned order does not arise at all. The impugned order is sustained. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 22.12.2022 Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, District Collectarate, Tirunelveli District.

2.The Executive Engineer, TANGEDCO, TamilNadu Electricity Board, Tirunelveli District.

3.Block Development Officer, Maanur Taluk, Tirunelveli District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.21848 & 21849 of 2022 22.12.2022 4/4