G.Sengamuthu vs The District Collector - 2024 Supreme(Online)(MAD) 10428

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2024 Supreme(Online)(MAD) 10428

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 26.02.2024 CORAM THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.Nos.3053 & 2110 of 2021 and W.M.P.No.3434, 3435 & 2391 of 2021 W.P.No.3053 of 2021
1. G.Sengamuthu, W/o Govindasamy
2. G.Ponnusamy S/o Govindasamy ... Petitioners vs.
1. The District Collector, Ariyalur District, Ariyalur.
2. The Tahsildar, O/o The Tahsildar, Udaiyarpalayam Taluk, Ariyalur District.
3. The Chief Executive Engineer (O & M), Tamil Nadu Electricity Generation & Distribution Company, (TANGEDCO), Kajamalai, Trichirapalli - 20.02.2024
4. The Executive Engineer, Power Line Construction, Virudhachalam & Post, Cuddalore District.
5. The Chief Manager, Power Grid Corporation of India, Tamil Nadu Circle, Ashok Nagar, Chennai - 600 083 ... Respondents Prayer in W.P : The Writ Petition is filed under Article 226 of the constitution of India to issue a Writ of Certiorari to call for the concerned records relating to the order dated 5.12.2020 in Roc.No.Na.Ka.H1/5248/2020 passed by the 1st respondent granting enter upon permission to the respondents 3 to 5 and quash the same.
For Petitioner : S.Kamadevan For Respondents : Mr.P.Satish, Additional Govt.Pleader for R1 & R2 Mr.D.R.Arunkumar Standing Counsel for R3 & R4 W.P.No.2110 of 2021 S.Senthamarai S/o Subramanyan ... Petitioner vs.
1. The Superintending Engineer, Tamilnadu Transmission Corporation Ltd.
General Construction Circle (TANTRANSCO)
Mannarpuram, Trichy - 20.
2. The Executive Engineer, Tamilnadu Transmission Corporation Ltd.
(TANTRANSCO), Neyveli, Cuddalore District.
3. The Assistant Executive Engineer, Tamilnadu Transmission Corporation Ltd.
(TANTRANSCO), Virudhachalam, Cuddalore District.
4. The District Collector, Ariyalur District, Ariyalur. ... Respondents Prayer in W.P : The Writ Petition is filed under Article 226 of the constitution of India to issue a Writ of Certiorari to call for the records pertaining to the order passed by the 4th respondent in Na.Ka.H1/5247 dated 15.12.2020 and quash the same For Petitioner : S.Kamadevan For Respondents : Mr.D.R.Arunkumar Standing Counsel for R1 to R3 Mr.P.Satish, Additional Govt.Pleader for R4

COMMON ORDER

These writ petitions have been filed by the petitioners challenging the order passed by the District Collector Collector, Ariyalur District, Ariyalur dated 15.12.2020 granting enter upon permission to the respondents to lay the High Tension Tower line through the petitioners'

land.

2. The writ petitions were filed in the 2021 and no interim order was passed by this Court as against the impugned order of granting enter upon permission till date.

3. When the writ petitions are taken up for hearing today, the learned Standing Counsel appearing for the Tamilnadu Transmission Corporation would state that after the impugned order was passed, the matter has been further proceeded with. Pursuant to the grant of enter upon permission, the respondents have entered the premises of the petitioners and all the work had been completed and the electricity line was also energized. Therefore, nothing further survives for adjudication in the writ petitions and the same may be dismissed as infructuous. 4. Learned counsel for the petitioners would state that the respondents have laid the High Tension Tower line through their lands without paying appropriate compensation for the same.

5. It is pertinent to point out that these writ petitions have been filed challenging the the order passed by District Collector, Ariyalur District, dated 15.12.2020 granting enter upon permission to the respondents to lay the High Tension Tower line through the petitioners' land. Further, based on the enter upon permission granted by the said District Collector, the respondents have completed the work and the electricity line was also energized. Therefore, nothing survives for further adjudication in the matter. If the petitioners have any grievance regarding compensation, they can seek separate remedy before the appropriate authority in the manner known to law.

7. In view of the above, these writ petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 26.02.2024 Index :yes/No Speaking /Non speaking order vsi To

1. The District Collector, Ariyalur District, Ariyalur.

2. The Tahsildar, O/o The Tahsildar, Udaiyarpalayam Taluk, Ariyalur District.

3. The Chief Executive Engineer (O & M), Tamil Nadu Electricity Generation & Distribution Company, (TANGEDCO), Kajamalai, Trichirapalli - 20.02.2024

4. The Executive Engineer, Power Line Construction, Virudhachalam & Post, Cuddalore District.

5. The Chief Manager, Power Greed Corporation of India, Tamil Nadu Circle, Ashok Nagar, Chennai - 600 083

6. The Superintending Engineer, Tamilnadu Transmission Corporation Ltd.

General Construction Circle (TANTRANSCO)

Mannarpuram, Trichy - 20.

7. The Executive Engineer, Tamilnadu Transmission Corporation Ltd.

(TANTRANSCO), Neyveli, Cuddalore District.

8. The Assistant Executive Engineer, Tamilnadu Transmission Corporation Ltd.

(TANTRANSCO), Virudhachalam, Cuddalore District.