P.Poongothai v. The Secretary(Cea)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 871 of 2020 P. Poongothai ... Petitioner -vs1. The Secretary (CEA), Central Electricity Authority Seva Bhavan, R.K. Puram, Sector - 1, New Delhi - 110 066.

2. The Chair Person-cum-Managing Director, Power Grid Corporation of India Ltd., (Corporate Office), Saudamini Plot No. 2, Sector - 29, Near IFFCO Chowk, Gurgaon, Haryana - 122 001.

3. The District Collector, Salem District, Collectorate, Salem - 636 001.

4. The General Manager, Power Grid Corporation of India Ltd., Sangiri TLC, No. 3/3/27-B, Bharathi Nagar, Salem Main Road, Sankagiri, Salem District, Tamil Nadu - 637 301.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to consider the representation dated 18.11.2019 of the Petitioner with regard to pending and additional compensation of some trees and diminution of market values for corridor land for tower base area and assess the quantum of actual compensation for cutting valuable trees and cutting damaged for crops caused by the drawing of electricity line. Totally yet to be paid Rs.16,76,567/- (Rupees Sixteen lakhs and Seventy Six Thousand Five Hundred and Sixty Seven

only) with interest @12% for annum from the date of cutting of the trees till the realization.

For Petitioner : Mr. D. Raja For Respondents: Mr. V. Ashokkumar, Central Government Standing Counsel (for R1) Mr. V. Kalyanaraman for M/s. Aiyar & Dolia (for R2 and R4) Mrs. A.B. Reehana Begum, Government Advocate (for R3)

O R D E R

When it is pointed out by Mr. V. Kalyanaraman of M/s. Aiyar & Dolia, Learned Counsel, who takes notice for the Second and Fourth Respondents, that in terms of Section 164 of the Electricity Act, 2003, the Petitioner has got an effective statutory remedy of filing application before the District Court under Section 16(3) of the Indian Telegraph Act, 1885, (hereinafter referred to as 'the Act' for brevity) for disputes concerning sufficiency of the compensation paid under Section 10 (d) of the Act, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same. He has also made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar vjt To

1. The Secretary (CEA), Central Electricity Authority Seva Bhavan, R.K. Puram, Sector - 1, New Delhi - 110 066.

2. The Chair Person-cum-Managing Director, Power Grid Corporation of India Ltd., (Corporate Office), Saudamini Plot No. 2, Sector - 29, Near IFFCO Chowk, Gurgaon, Haryana - 122 001.

3.The District Collector, Salem District, Collectorate, Salem 636 001.

4.The General Manager, Power grid Corporation of India Limited, Sangagiri TLC, No. 3//3/27-B, Bharathi Nagar, Salem Main Road, Sankagiri, Salem District 637 301.

+1cc to M/s.Aiyar & Dolia, Advocate, S.R.No. 3987 W.P. No. 871 of 2020 GJ(CO) GN(06/02/2020)