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2025 DAILYLAW 21358 (MAD)

R.SRINIVASAN v. THE DISTRICT COLLECTOR

WP/4846/2025 · 2025-04-07

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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Writ Petition No.4846 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.04.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.4846 of 2025 1. R.Srinivasan S/o. Rangasamy, 2.V. Ramesh Kumar S/o. Vairavan 3.S.Manoj S/o. Shyam Mahesh 4.M. Boominathan S/o.Muthu 5.M. Sivakumar S/o.Mayilsamy 6.V. Haripriyan S/o. T.V. Vasu 7.J.P. Nataaj S/o. Palanisamy Chettiar 8.V. Kavitha Vishnu W/o.Vishnu Chakravarthi, 9.B.Ritu Gupta W/o.Basant Gupta, 10.G.Thangavel S/o.Ganagava Naiker 1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 11.B. Balasubramanian S/o. K.Natarajan 12.R.Seenivasan S/o.K.Rajagopal 13.M. Dhandapani S/o.Muni Rathna Gounder 14.Poornam Gupta W/o.Manoj Kumar 15.M. Martin Paul S/o.Michael Samy 16.S. Kishore S/o.Subramaniam Potty 17.K.Vignesh S/o.Kuppuraj 18.M.Krishnadas S/o.Menon 19.B.Rithu Gupta W/o.Basant Gupta 20.H.Bheena W/o.Haripriyan 21.R.Raja S/o.G.Ramar 22.L.R.Meganathan S/o.L.Ramasamy 23.K.Subhadra W/o.Kishore Petitioners 2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 Vs 1. The District Collector, Collectorate, Tiruppur 641 604, 2.The Special District Revenue Officer Land Acquistion And Management, Mettupalayam Road, Coimbatore 641 043. 3.The Divisional Engineer, Project Division, Highways Dept, North Kovai, Mettupalayam Road, Coimbatore 641 043. 4.The District Revenue Officer, RDO Office, Collectorate, Tirupur 641 604. 5.The Divisional Engineer, C & M, Highways Dept, Kumaran Road, Tirupur 641 604. 6.The Assistant Engineer, Electricity Board, Coimbatore, Mettupalayam. [R6 suo motu impleaded by this Court vide order dated 10.03.2025 in W.P.No.4846 of 2025] Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 2nd respondent to take appropriate steps for shifting the sumps, electric transformer, generator and trees to a suitable alternative location before demolishing the proposed site in respect of the above mentioned land acquisition proceedings in Notice No.Na.Ka No.8608/2016/R1 dated 04.04.2018. 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 For Petitioners : Mr.N.Shanmuga Thayumanavan For Respondents : Mr.A.Selvendran, Special Government Pleader [R1 to R5] Mr.L.Jaivenkatesh [R6] ***** O R D E R This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to take steps for shifting the sumps, electric transformer, generator and trees to an alternative location. 2. Heard Mr.N.Shanmuga Thayumanavan, learned counsel for petitioners, Mr.A.Selvendran, learned Special Government Pleader appearing for respondents and Mr.L.Jaivenkatesh, learned counsel appearing for sixth respondent. 3. When the writ petition came up for hearing on 10.03.2025, this Court passed the following order: "The learned Additional Government Pleader seeks for some more time in this case in order to co-ordinate with the TANGEDCO to relocate the electric transformer and generator to an alternative location. 2. The learned counsel for the petitioner submitted that officials made a visit last week and they are in the process of finalizing an alternative place. 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 3. In view of the above development, The Assistant Engineer, Electricity Board, Coimbatore, Mettupalayam, is suo- motu impleaded as the 6th respondent in this writ petition. 4. Post this writ petition under the same caption on 24.03.2025." 4. The writ petition was once again listed for hearing on 24.03.2025 and this Court passed the following order: "The learned Standing Counsel appearing on behalf of Electricity Board submitted that sanction has been placed in the Office of the Executive Engineer of Electricity Board and some time is required to follow up and to report before this Court. Post this writ petition under the same caption 'for orders' on 07.04.2025." 5. When the writ petition was taken up for hearing today, learned Additional Government Pleader appearing on behalf of respondents submitted that necessary payment has been made on 05.04.2025 and the receipt was also placed before this Court. Learned Additional Government Pleader submitted that some time is required for TANGEDCO to shift to the alternative place. 6. Considering the facts and circumstances of the case and considering the submissions made before this Court, there shall be a 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 direction to the sixth respondent to take steps to shift the electric transformer to the alternative location within a period of eight (8) weeks from the date of receipt of a copy of this order. Thereafter, four (4) weeks time is given to the petitioner to shift the sump and generator to the alternative location. This writ petition is disposed of with the above direction. No costs. 07.04.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm To 1. The District Collector, Collectorate, Tiruppur 641 604, 2.The Special District Revenue Officer Land Acquistion And Management, Mettupalayam Road, Coimbatore 641 043. 3.The Divisional Engineer, Project Division, Highways Dept, North Kovai, Mettupalayam Road, Coimbatore 641 043. 6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 4.The District Revenue Officer, RDO Office, Collectorate, Tirupur 641 604. 5.The Divisional Engineer, C & M, Highways Dept, Kumaran Road, Tirupur 641 604. 6.The Assistant Engineer, Electricity Board, Coimbatore, Mettupalayam. 7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.4846 of 2025 N.ANAND VENKATESH, J gm Writ Petition No.4846 of 2025 07.04.2025 8/8 https://www.mhc.tn.gov.in/judis