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2025 DAILYLAW 154264 (MAD)

Veerachinnu. S v. The District Collector

WP(MD)/20997/2024 · 2025-03-11

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

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1 W.P.(MD)NO.20997 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.20997 of 2024 AND W.M.P.(MD)No.17783 of 2024 S.Veerachinnu ... Petitioner Vs. 1. The District Collector, District Collector Office, Thoothukudi. 2. The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District. 3. The Tahsildar, Ettayapuram Taluk, Thoothukudi District. 4. JSW Renew Energy Ltd., Rep. by its Manager, Kurla Complex, Mumbai. Office at Tamil Nadu: Ettayapuram, Thoothukudi District. 5. The Secretary to Government, Rural Devleopment and Panchayat Raj Department, (Public Works Department), Fort St. George, Chennai – 600 009. 6. The Secretary to Government, Water Resources Department, 1/5 https://www.mhc.tn.gov.in/judis 2 W.P.(MD)NO.20997 OF 2024 Government of Tamil Nadu, Fort St. George, Chennai – 600 009. (R-5 & R-6 are suo motu impleaded vide order dated 03.09.2024 in W.P.(MD)No.20997 of 2024) 7. The Divisional Engineer, Highways, C&M, Thoothukudi. (R-7 is suo motu impleaded vide order dated 05.02.2025.) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to remove encroachment of wind mill electric poles and transformers made in S.F.No.262, S.F.No.263, S.F.No.264, S.F.No.265 and S.F.No.266 classified as Water Stream (Oodai) made by the 4th respondent in Manjanaickanpatti Village, Ettayapuram Taluk, based on petitioner's representation dated 19.08.2024. For Petitioner : Mr.M.Prabu For R-1toR-3, R-5&R-6 : Mr.K.Balasubramani, Special Government Pleader. For R-4 : Mr.N.Dilipkumar * * * O R D E R Heard both sides. 2/5 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.20997 OF 2024 2. The fourth respondent herein had installed wind mill electric poles in the petition mentioned survey numbers. According to the petitioner, the installation is illegal since they have come up on a water body. 3. When the matter was taken up for hearing, the learned Special Government Pleader clarified that in survey Nos.263 and 264, poles have been laid and that those survey numbers had already been reclassified and notified as State Highways and handed over to the Highways Department more than 25 years ago. The fourth respondent had obtained permission from the competent authorities of the State Highways Department. In these circumstances, we are not inclined to interfere. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 11th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.20997 OF 2024 To: 1. The District Collector, District Collector Office, Thoothukudi. 2. The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District. 3. The Tahsildar, Ettayapuram Taluk, Thoothukudi District. 4. The Secretary to Government, Rural Devleopment and Panchayat Raj Department, (Public Works Department), Fort St. George, Chennai – 600 009. 5. The Secretary to Government, Water Resources Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. 4/5 https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.20997 OF 2024 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU W.P.(MD)No.20997 of 2024 11.03.2025 5/5 https://www.mhc.tn.gov.in/judis