Madras High Court
S.Rajeswari vs The District Collector on 9 October, 2023
W.P.No.33636 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.33636 of 2022
and
W.M.P.Nos.19105 of 2023 & 33088 of 2022
S.Rajeswari .. Petitioner
vs
1.The District Collector,
Collectorate Office,
Dharmapuri District, Dharmapuri – 15.
2.Competent Authority/
Special District Revenue Officer-Land Acquisition
National Highways – 844
(Hosur – Royakottai – Dharmapuri Section)
Dharmapuri
3.The Project Director (NH 844)
National Highways Authority of India
PIU – Krishnagiri
259/1, Salem Main Road
Near KAKC Petrol Bunk
Krishnagiri
4.The Asst. Executive Engineer
Jakkasamudhiram O&M/TANGEDCO Ltd.,
Palacode Taluk, Dharmapuri District. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Mandamus directing the respondent
consider the representation dated 18.11.2022 & 8.12.2022 the
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W.P.No.33636 of 2022
authorities to immediately shift the electricity service connection
from the land in S.No.223/4, Velagahalli Village, Dharmapuri
District to the petitioner's land in S.No.225/5, Velagahalli Village,
Dharmapuri District without insisting for any payment from the
petitioner and also to refund the amount already collected from the
petitioner by following the Judgment of Hon'ble Supreme Court of
India reported in 2020 (14) SCC 139 (Sajan vs. State of
Maharashtra and others) within a time to be fixed by this Court.
For Petitioner : Mr.R.Ramesh Raja
For Respondents : Mr.M.Rajendiran (for R1)
Additional Government Pleader
Mr.Manjunath Karthikeyan
for Mr.Sagar Sumanth Ladda
(for R2 & R3)
Ms.Daniel Mary (for R4)
ORDER
Heard Mr.R.Ramesh Raja, learned counsel for the petitioner,
Mr.M.Rajendiran, learned counsel for R1, Mr.Manjunath
Karthikeyan for Mr.Sagar Sumanth Ladda, learned counsel for R2
and R3 and Ms.Daniel Mary, learned counsel for R4.
2. The petitioner claims to be the owner of land in Survey
No.223/4, new Survey No.223/4B covered in patta No.459,
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W.P.No.33636 of 2022
Velagahalli Village, Dharmapuri District. She claims right under
deed of sale executed on 23.01.2004.
3. In the course of hearing, I find that an order has been
passed by the Assistant Engineer on 17.10.2022 to shift electricity
service connection from survey No. 223/4 in survey No.225/5. That
order has attained finality and has not been challenged till date.
Hence, the relief of mandamus as sought for by the petitioner for
shifting of the electricity service connection without insisting upon
payment cannot be countenanced. Faced with this position, learned
counsel for the petitioner seeks to withdraw this writ petition and
instead seeks liberty to challenge order dated 17.10.2022.
4. Writ petition stands dismissed as withdrawn with
liberty. No costs. Connected miscellaneous petitions are closed.
09.10.2023
Index:Yes/No
Neutral Citation:Yes
ssm
To
1.The District Collector,
Collectorate Office,
Dharmapuri District, Dharmapuri – 15.
2.Competent Authority/
Special District Revenue Officer-Land Acquisition
National Highways – 844
(Hosur – Royakottai – Dharmapuri Section)
Dharmapuri
https://www.mhc.tn.gov.in/judis
W.P.No.33636 of 2022
DR. ANITA SUMANTH,J.
ssm
3.The Project Director (NH 844)
National Highways Authority of India
PIU – Krishnagiri
259/1, Salem Main Road
Near KAKC Petrol Bunk
Krishnagiri
4.The Asst. Executive Engineer
Jakkasamudhiram O&M/TANGEDCO Ltd.,
Palacode Taluk, Dharmapuri District.
W.P.No.33636 of 2022
09.10.2023
https://www.mhc.tn.gov.in/judis
