THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.36161 of 2014 Dated: 27.11.2014 Between:
P. Krishna Reddy .. Petitioner and Andhra Pradesh Southern Power Distribution Company Ltd., Rep. by Chairman and Managing Director, Tirupati, Chittoor District, and others.
.. Respondents Counsel for the petitioner: Ms. N. Niyatha The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of the respondents in violating the petitioner’s ownership rights over Ac.1-01 cents of land in Sy.No.185/2 of Mambadu Village, Vedurukuppam Mandal, Chittoor District, as illegal and arbitrary. The petitioner sought for consequential reliefs such as perpetual injunction restraining the respondents from interfering with his peaceful possession of the land, declaration of the action of the respondents in constructing 33/11 KV sub-station on the said land as illegal and arbitrary and for payment of compensation.
I have heard Ms. N. Niyatha, learned counsel for the petitioner, and perused the record.
The petitioner averred that he is the owner of the above- mentioned land, that in the year 2007, the respondents have come with a proposal to construct sub-station over his land, that on coming to know about the same, he has caused legal notice dated 12.11.2007 on the respondents and that thereafter he has left the village to visit his daughter in Bangalore. The petitioner further averred that without giving any notice to him and without paying any compensation, the respondents have illegally constructed 33/11 KV sub-station on his property, that immediately thereafter, he has caused legal notice dated 12.11.2012 issued to the respondents and that till today, the respondents have not taken any steps on the said legal notice.
A perusal of the photographs of plaque filed by the petitioner would show that as far back as the year 2007, the sub-station was inaugurated. From this, it is clear that just about the time of inauguration of the sub-station, the petitioner has caused legal notice dated 12.11.2007 issued to the respondents. For the reasons best known to him, he has not pursued the matter further and after a gap of exactly five years, he has again caused another legal notice on the respondents stating that they have constructed the sub-station without his consent or without acquiring the land. Again after a gap of more than two years, the petitioner has filed this writ petition.
Ordinarily, a litigant is expected to be diligent in pursuing his legal remedies. While invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner must establish that there are no laches on his part, for a writ petition, howsoever sound on merits, is liable to be dismissed on the ground of laches alone. Despite being conscious of the fact that the respondents were proposing to construct a sub-station, the petitioner has not shown any diligence in approaching this Court in the year 2007 itself. Except stating that he has left for Bangalore to stay with his daughter, no reasons have been assigned by the petitioner for his not invoking the jurisdiction of this Court within a reasonable time after constructing sub-station. Therefore, I am not inclined to entertain this writ petition after a lapse of seven years after construction of sub-station.
The writ petition is accordingly dismissed. The petitioner is, however, entitled to invoke the common law remedy of a civil suit subject to law of limitation. It is made clear that dismissal of this writ petition is not on the merits but the same is only on the ground of laches and that the same shall not effect the rights, if any, of the petitioner over the land and the civil court shall decide the suit on its own merits without being influenced by any of the findings of this Court in this writ petition.
As a sequel to the dismissal of the writ petition, W.P.M.P.Nos.45278 and 45279 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 27th November, 2014 IBL