A.Jayakanthan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Jayakanthan ... Petitioner Vs.
1.The Secretary to Government Energy (A1) Department, Secretariat, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Electricity Generation and Distribution Corporation, TANGEDCO, 144, Anna Salai, Chennai - 2.
3.The General Manager, Power Grid Corporation of India Ltd., South Region - II, No.185 - TNHB, Phase - II, Dharmapuri Main Road, Tiruppattur - 635 601.
4.The Deputy Project Manager, Project Office, Power Grid Corporation of India Ltd., Dharmapuri Main Road, Tiruppattur - 635 601.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to 1/5
issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 09.11.2019 and thereby direct the respondents to pay the compensation of Rs.57,20,000/- to the petitioner as per the market value of the land and 284 trees situated in Survey No.166/1A, Bandharapalli Village, Natrampalli Taluk, Vellore District to an extent of 40 cents in Patta No.6. For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.S.Balamurugan for R1 Government Advocate Mr.DR.Arun Kumar for R2 Standing Counsel for TNEB Mrs.Rita Chandrasekaran for R3 and R4 for M/s.Iyer and Dolia
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 09.11.2019 and direct the respondents to pay the compensation of Rs.57,20,000/- to the petitioner as per the market value of the land and 284 trees situated in Survey No.166/1A, Bandharapalli Village, Natrampalli Taluk, Vellore District to an extent of 40 cents in Patta No.6. 2/5
2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the subject property and without his consent, the Power Grid Corporation of India erected the tower of high tension cable line and damaged the trees. Hence, the petitioner made representation to the respondents seeking compensation, however the same has not yet been considered.
3.The learned counsel appearing for the respondents 3 and 4 submitted that the petitioner may be directed to make appropriate claim before the District Collector, Tiruppattur and the District Collector may be directed to conduct enquiry inbetween the petitioner and the third respondent and to pass appropriate orders. 4.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the petitioner to make appropriate claim before the District Collector, Tiruppattur, within a period of two weeks from the date of receipt of a copy of this order. If any such claim is made by the petitioner, the District Collector, Tiruppattur, shall consider the same on merits and in accordance with law and pass appropriate orders, within a period of six weeks thereafter.
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5.The writ petition is disposed of with the above observation. No costs.
28.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Secretary to Government Energy (A1) Department, Secretariat, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Electricity Generation and Distribution Corporation, TANGEDCO, 144, Anna Salai, Chennai - 2.
3.The General Manager, Power Grid Corporation of India Ltd., South Region - II, No.185 - TNHB, Phase - II, Dharmapuri Main Road, Tiruppattur - 635 601.
4.The Deputy Project Manager, Project Office, Power Grid Corporation of India Ltd., Dharmapuri Main Road, Tiruppattur - 635 601.
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M.DHANDAPANI,J.
pri 28.03.2023 5/5