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Madras High CourtWP/15326/2015closed

A.Chidambaram v. The Chairman

2022-04-27Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.15326 of 2015 and M.P.No.1 of 2015 A.Chidambaram

...Petitioner

Vs.

1. The Chairman Tamil Nadu Transmission Corporation (TANTRANSCO) No.144, Anna Salai Chennai 600 002.

2. M/s.Power Grid Corporation of India Limited Rep.by its Deputy General Manager No.400/230, K.V.Substation Kalivanthupattu, Guduvancherry Kancheepuram District.

3. The District Magistrate/District Collector Kancheepuram Kancheepuram District.

...Respondents

Prayer :- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the second respondent and their subordinates or any other persons tracing power under them including any contractor from installing or erecting any High Tension (HT) Power Supply Line Tower and in any way interfering with or distributing the petitioner's peaceful possession and enjoyment over his properties situated in No.124, Sirudavur Village, Chengalpet Taluk and Kanchipuram District, being Field No.45A measuring Acre 0.10 cents and Field No.46 measuring Acre 0.12.5 cents in all total an extent of Acre 0.22.5 cents (9810 sq.ft) in Green Peace Agricultural land comprised in Old Survey No.411 bearing Patta No.165 as per Patta New Survey No.411/1 (Part) within the limits of Thiruporur Panchayat Union and Sirudavur Panchayat.

For Petitioner : Mr.R.Sagadevan For Respondents : Mr.KalyanaRaman for M/s.Aiyar & Dolia for R2 : Mr.Neethi Perumal for R3 Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the second respondent and their subordinates from installing or erecting any High Tension (HT) Power Supply Line Tower in the property of the petitioner situated in Survey No.124 in Sirudavur Village, Chengalpet Taluk.

2. The learned counsel appearing for the petitioner Mr.R.Sagadevan would state that despite filing of this writ petition, the power line has already been installed in the land of the petitioner. Therefore, he is entitled for compensation from the respondents.

3. The learned counsel appearing for the second respondent Mr.KalyanaRaman, would state that the power line was not erected by the second respondent and the same was installed by the first respondent.

4. Considering the fact that the power line is erected in the land of the petitioner, this Court is of the view that the prayer sought for in this Writ Petition has become infructuous. Hence, this petition is closed. However, liberty is granted to the petitioner to approach the concerned authority for getting proper compensation, if he is eligible. If any representation is given, the concerned authority shall consider the same as expeditiously as possible. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pvs

To

1. The Chairman Tamil Nadu Transmission Corporation (TANTRANSCO) No.144, Anna Salai Chennai 600 002.

2. The Deputy General Manager M/s.Power Grid Corporation of India Limited No.400/230, K.V.Substation Kalivanthupattu, Guduvancherry Kancheepuram District.

3. The District Magistrate/District Collector Kancheepuram Kancheepuram District.

+1cc to M/s.Aiyar & Dolia, Advocate, S.R.No.28999 +2ccs to Mr.R.Sagadevan, Advocate, S.R.No.29026 +1cc to the Government Pleader, S.R.No.30413 W.P.No.15326 of 2015 and M.P.No.1 of 2015 AK-II[co] NSK/24/05/2022