The writ petition seeking a mandatory writ of Mandamus to restrain the respondents from proceeding on petitioner's land for substation erection was dismissed as infructuous because the tower structure had been removed by respondents as per their undertaking.
The writ petition was dismissed as it had become infructuous. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. No.24889 of 2015 and M.P.No. 1 of 2015
L.Vetri Selvi
…Petitioner
Vs.
1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Development Circle-1, No.A10, Thiru.V.Ka.Industrial Estate, Guindy, Chennai-600 032.
3.The District Collector, Thiruvallur.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents or their men or agents or anyone claiming through them from proceeding further in the petitioner land situated at Plot No. 31 to an extent of 2400 Sq.Feet in Shri Vinayagapuram Nagar in Survey No.21/18 at Vellanoor Village Ambattur Taluk Tiruvallur District in respect of any work for the purpose of Erection of Korattur Substation to Manali Double Circuit DC 400Kv without due process of law.
For Petitioner : Mr.V.Manohar
For R1 : Ms.Revathy for Mr.Madusuthanan Standing Counsel for TNEB
For R2 and R3 : Mr.C.Selvaraj Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to forbear the respondents or their men or agents or anyone claiming through them from proceeding further in the petitioner's land situated at Plot No. 31 to an extent of 2400 Sq.Feet in Shri Vinayagapuram Nagar in Survey No.21/18 at Vellanoor Village Ambattur Taluk Tiruvallur District in respect of any work for the purpose of Erection of Korattur Substation to Manali Double Circuit DC 400Kv without due process of law.
"It is submitted by the learned Standing Counsel appearing for the respondent-Board that the concrete tower stub setting has been removed to a depth of about two metres and the remaining one metre is the foundation which could not be removed by using drillers and the respondents are exploring alternate methods because detonation cannot be done as it is a residential area.
Sd/-
Assistant Registrar(CS-IX)
//True copy//
Sub Assistant Registrar
Psa
To:
1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Development Circle-1, No.A10, Thiru.V.Ka.Industrial Estate, Guindy, Chennai-600 032.
3.The District Collector, Thiruvallur.
+1cc to Mr.V.Manohar, Advocate SR.No.36373 +1cc to Mr.V.Manohar, Advocate SR.No.36373 (06/07/2022)
W.P. No.24889 of 2015
SJ(CO) GMY(30/06/2022)
1 issue framed by the court
Whether the writ petition filed to stop work on petitioner's land remains maintainable after the erecting of the tower structure claimed by respondents.
1 provisions across 1 enactments
L.Vetri Selvi
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)
Superintending Engineer, Development Circle-1
District Collector, Thiruvallur
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
