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Madras High CourtWP/12710/2021disposed of

Govindasamy v. The District Collector

2021-06-30Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.06.2021

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 12710 of 2021

1. Govindasamy

2. Madhammal ..Petitioners Vs

1. The District Collector, Dharmapuri District.

2. The District Revenue Officer, Dharmapuri.

3.The Thasildar, Pennagaram Taluk, Dharmapuri District.

4.Power Grid Corporation of India Ltd., Represented by The Managing Director, B-9,Qutab Institutional Area, Katwaria Sarai, New Delhi -110016.

5. The Power Grid Corporation of India Limited Southern Region -II, Represented by its General Manager, No.185, TNHB Phase -II, Dharmapuri Main Road, Tirupattur-635601 ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to assess, determine and pay the compensation in compliance with undertaking given in the proceedings dated 13.05.2020 and 04.08.2020 made by the 3rd respondent in Na.Ka.No.20/2020/A1.

For Petitioner : Mr. R.Prabakar For Respondents : Mr. M.R.Gokulkrishnan, GA - R1 to R3 Mr.V.Kalyanaraman For M/s. Aiyar & Dolia - R4 & R5

O R D E R

The prayer sought for in the Writ Petition is to direct the respondents to assess, determine and pay the compensation in compliance with undertaking given in the proceedings dated 13.05.2020 and 04.08.2020 made by the 3rd respondent in Na.Ka.No.20/2020/A1.

2. Heard both sides and perused the documents available on record.

3.The learned counsel for the petitioners submitted that the writ petitioners herein are owners of the lands in S.F.No. 564/8 as per Patta No. 235 Nagathasampatti Village, Pennagaram Taluk, Dharmapuri District and they were cultivating coconut trees and palm trees in the said land. The 5th respondent herein had issued notice dated 10.11.2018 and 12.11.2018 to the petitioners to install the tower base and draw a line. The 3rd respondent had conducted Peace Committee on 13.05.2020 in the presence of respondents. The respondents 4 & 5 have given undertaking to settle the compensation due to the petitioners during June and July 2020. As agreed, the respondents 4&5 have not settled the compensation, hence as demanded by the petitioners, a further Peace Committee Proceedings were conducted on 04.08.2020 by the 3rd respondent and the respondents 4 &5 have given undertaking to settle the compensation by September 2020. But not complied with. Hence aggrieved over the inaction on the part of the respondents, the present writ petition is being filed.

4. The learned counsel appearing for the respondents 4 & 5 on instructions submitted that the respondents have determined the compensation amount payable to the petitioners for trees and land and the same was communicated to the petitioners. The learned counsel appearing for the respondents 4 &5 would further submit that the compensation amount in respect of trees was paid to the petitioners and the same was received. Insofar as payment of compensation for land is concerned, the respondents have determined a sum of Rs.2,96,517/- to each petitioner and the same will be paid to the petitioners at the earliest upon production of relevant documents before the 3rd respondent.

5. The learned counsel for the petitioners also agreed the statement made by the learned counsel appearing for the respondents 4 & 5.

6. In view of the submissions made by either counsel for the parties, the writ petition is disposed of with the following directions;

i. The petitioners are directed to submit all the relevant

documents pertaining to their land to the 3rd respondent/Tahsildar.

ii.On satisfaction of the documents, the 3rd respondent/Tahsildar shall disburse the compensation amount to the petitioners within a period of four weeks from the date of production of relevant documents by the petitioners. iii. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ak To

1. The District Collector, Dharmapuri District.

2. The District Revenue Officer, Dharmapuri.

3.The Thasildar, Pennagaram Taluk, Dharmapuri District.

4. The Managing Director, Power Grid Corporation of India Ltd., B-9,Qutab Institutional Area, Katwaria Sarai, New Delhi -110016.

5. The General Manager, The Power Grid Corporation of India Limited Southern Region -II, No.185, TNHB Phase -II, Dharmapuri Main Road, Tirupattur-635601 +1 cc to Government Pleader Sr.No. 30401 W.P.No. 12710 of 2021 PL(CO) B.VC(27.07.2021)