U.Vijayan (Deceased), v. The Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
1. U. Vijayan (Died)
2. U. Ranganayagi
3. Gopinath
4. Sathishkumar
5. Leelavathi * P2 to P5 substituted as LRs of Deceased sole petitioner vide order dated 08.08.2023 ... Petitioners vs.
1. The Chairman cum Managing Director, TANTRANSCO No.144, 6th Floor, TANTRANSCO Building, Anna Salai, Chennai - 600 002.
2. The Director, TANTRANSCO No.144, 6th Floor, TANTRANSCO Building, Anna Salai, Chennai - 600 002.
3. The Superintendent Engineer General Construction Division I & II Tamil Nadu Electricity Board, No.A-10, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.
4. The District Collector,
Collector office Complex, Master Plan Complex, NH-205, Thiruvallur - 602 001. * * Impleaded vide order dated 13.07.2022 in W.M.P. No.16604 of 2022.
...
Respondents Prayer :
Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents to give the petitioner an alternate land with the same measuring 1925 sq. ft and consequently direct the 3rd respondent to compensate the petitioner with a reasonable compensation amount for mental agony, physical suffering and damages caused. For Petitioners : Mr.Sheikh Mehrunisha For Respondents : Mr.Madusudanan Standing Counsel for RR1 to 3 Mrs.S. Anitha, Spl. Govt. Pleader for R4
ORDER
This writ petition has been filed seeking a direction to the respondents to allot an alternate land measuring 1925 sq. ft., to the petitioners, and consequently direct the 3rd respondent to pay compensation towards mental agony, physical suffering, and damages caused to the original petitioner.
2. It is the case of the petitioners that an electric transformer has been installed by the respondents in the petitioners' property without obtaining the consent of the original petitioner at the time of installation. Hence, the
petitioners have sought for allotment of alternate land and payment of compensation for the hardship caused.
3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that pending writ petition, the original petitioner passed away and his legal heirs have been brought on record. He further submitted that the issue raised in this writ petition is squarely covered by the order of this Court in W.P. Nos.17586 and 17471 of 2022, dated 07.08.2024, wherein similar reliefs were sought and considered. Therefore, it is prayed that similar directions may be issued in the present case as well.
4. The operative portion of the said Order in W.P. Nos.17586 and 17471 of 2022, dated 07.08.2024 is reads as follows extracted hereunder :- "7.Considering the submissions made on either side, this Court without expressing any opinion in respect of the entitlement of compensation, grant permission to the petitioners to file claim petition before the District Judge within whose jurisdiction the property is situated in terms of Section 16 (3) of the Indian Telegraph Act, within a period of three weeks from the date of receipt of a copy of this order. If any such claim petition is filed by the petitioners, the concerned District Judge, shall after providing opportunity to the petitioners as well as the respondents, pass appropriate orders on merits and in accordance with law, as expeditiously as possible.
8.The writ petitions are accordingly disposed of. No costs.
Consequently, the connected miscellaneous petition is closed".
5. Learned Standing Counsel appearing for the respondents / TANGEDCO would submit that the grievance of the petitioners with regard to alternate land will be duly examined by the respondents in accordance with law and with respect to compensation, the petitioners may be directed to file petition before the jurisdictional Court. Therefore, appropriate directions may be issued in the above regard.
6. Considering the limited scope of relief sought for in this writ petition, without expressing any opinion on the merits of the claim, is inclined to issue following directions :- i) Petitioners are directed to submit copies of earlier representations along with this order copy seeking alternate land in respect of electric tower installed in the petitioner's land to the respondents, within a period of two weeks from the date of receipt of a copy of this order.
ii) On submission of the aforesaid representations, the 3rd respondent shall pass orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners,
within a period of six weeks from the date of receipt of a copy of this order.
iii) However liberty is granted to the petitioners to file a petition seeking compensation before the appropriate authority, if they so desire.
7. With the aforesaid directions, this writ petition stands disposed of. No costs.
16.09.2025 Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The Chairman cum Managing Director, TANTRANSCO No.144, 6th Floor, TANTRANSCO Building, Anna Salai, Chennai - 600 002.
2. The Director, TANTRANSCO No.144, 6th Floor, TANTRANSCO Building, Anna Salai, Chennai - 600 002.
M.DHANDAPANI, J.
vsi2
3. The Superintendent Engineer General Construction Division I & II Tamil Nadu Electricity Board, No.A-10, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.
4. The District Collector, Collector office Complex, Master Plan Complex, NH-205, Thiruvallur - 602 001 16.09.2025