1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.25 of 2011 and M.P.(MD)No.1 of 2011 Tamil Nadu Velama Naidu Educational Trust, Rep by its Secretary, 4/25, Jawahar Second Street, Tirumangalam -625 706, Madurai District. : Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.Power Grid Corporation of India Limited, (A Government of India Enterprise), B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi. 3.The Deputy General Manager, Power Grid Corporation of India, Madurai Construction Area Office, C – 27, Brindhavan Street, 4th Stop, Tirunagar, Madurai - 625 006. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus forbearing the respondents herein or their subordinates or their agents from proceeding further works or erecting the High Tension Electric Towers in the petitioner's lands in S.Nos.195/2A, 195/3, 195/4, 195/6, 194/7, 193/7B, 194/1, 194/2, 194/3, 193/6, 187/1, 193/10, 194/5 and 194/10 to an extent of 10 Acres 86 cents in Thirali Village, Tirumangalm Taluk, Madurai District. For Petitioner : Mr.K.Hemakarthikeyan For Respondent No.1 : Mr.K.A.Nandagopan, Additional Government Pleader For Respondents 2&3 : Mr.Suresh For M/s.Aiyer and Dolia ORDER The petitioner seeks a Writ of Mandamus forbearing the respondents or their subordinates or their agents from proceeding further for erecting the High Tension Electric Towers in the petitioner's lands in S.Nos.195/2A, 195/3, 195/4, 195/5, 194/6, 194/7, 193/7B, 194/1, 194/2, 194/3, 193/6, 187/1, 193/10, 194/5 and 194/10 [S.No.195/5 has been omitted to be stated in the prayer and S.No.194/6 has been wrongly mentioned] to an extent of 10 Acres 86 cents in Thirali Village, Tirumangalm Taluk, Madurai District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to the petitioner, the property in Survey S.Nos.195/2A, 195/3, 195/4, 195/5, 194/6, 194/7, 193/7B, 194/1, 194/2, 194/3, 193/6, 187/1, 193/10, 194/5 and 194/10 absolutely belongs to the Trust. The respondents have entered into the property without their permission and laid the foundation to erect high tension electric towers. Since it was a highhanded action, the petitioner was constrained to file the Writ Petition. 3. The respondents 2 and 3 have filed a counter-affidavit through the Chief Manager of the Power Grid Corporation of India. According to the respondents 2 and 3, it was only after getting permission from the prescribed authority under Section 10 of the Indian Telegraph Act, 1885, the foundation of the tower point was laid. According to the respondents 2 and 3, the work itself was completed on 07.01.2011 and as such, the very Writ Petition has become infructuous. 4. The prayer in the Writ Petition is for a Mandamus in the nature of an injunction to restrain the respondents from erecting the high tension electric towers in the petitioner's land. Now that the respondents 2 and 3, in their counter, indicated that the erection of tower itself was over on 07.01.2011, no Mandamus as prayed for by the petitioner could be issued. It is open to the petitioner Trust to work out their remedy in the manner known to law. 5. The Writ Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is also dismissed. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR To 1.The District Collector, Madurai District, Madurai. 2. The General Manager, Power Grid Corporation of India Limited, (A Government of India Enterprise), B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi. 3.The Deputy General Manager, Power Grid Corporation of India, Madurai Construction Area Office, C – 27, Brindhavan Street, 4th Stop, Tirunagar, Madurai - 625 006. 1CC TO MR. AIYAR AND DOLIA, ADVOCATE, SR: 5064: 1CC TO MRS.HEMA KARTHIKEYAN, ADVOCATE, SR: 4662: DM:2011:FEBRUARY:23::: Order made in W.P.(MD)No.25 of 2011 Dated:- 07.02.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/