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Madras High CourtWP/3912/2021disposed of

A.Neelavathi v. The District Collector

2023-07-11Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023 CORAM: JUSTICE N.SESHASAYEE A.Neelavathi ... Petitioner Vs.

1.The District Collector Office of the District Collector Kachirapalayam Road 2.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Represented by its Chairman 10th Floor, NPKRR Maaligai No.144, Anna Salai, Chennai - 600 002 3.The Executive Engineer Transmission Line Construction Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO) Cuddalore 4.The Assistant Executive Engineer Transmission Line Construction Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO) Sankarapuram, Kallakurichi District 5.The Assistant Engineer Transmission Line Construction Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO) Sankarapuram, Kallakurichi District

6.The Additional Divisional Engineer Sub-Power Station 7.The Tahsildar 8.The Village Administrative Officer 9.R.Senthilkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the 1st to 6th respondents to disburse the full compensation under Section 10(d) of the Indian Telegraph Act, 1885 for the land used to erect the Electric Tower over the petitioner's agricultural land in Survey No.39/2A, Patta No.507, situated at Athiyur Village, Sankarapuram Taluk, Kallakurichi District by considering petitioner's compensation applications dated 31.08.2020 and 19.11.2020. For Petitioner :

Mr.J.Agni Selvaraju For Respondents :

Mr.M.Bindran, AGP for R1, R7 and R8 Mr.D.R.Arunkumar, Stdg. Counsel for TANGEDCO for R2 to R6

O R D E R

The petitioner is yet to be paid necessary compensation under Section 10 of the Telegraph Act for the utilisation of his land and also for the crops occasioned to damage during the installation of a HT tower.

2. Mr.M.Bindran, the learned AGP takes notice for the respondents 1, 7 and 8. Mr.D.R.Arunkumar, the learned standing counsel for TANGEDCO takes notice for respondents 2 to 6. This court is informed by the counsel for the respondents that the compensation payable to the petitioner will be duly made.

3. This court now directs the respondents to quantify the compensation payable and disburse the same to the petitioner within a period of eight weeks from today. If any personal hearing is required to be made for quantifying the compensation, the authorities are also directed to afford a personal hearing to the petitioner.

4. With the above direction the writ petition is disposed of. 11.07.2023 Asr

To 1.The District Collector Office of the District Collector Kachirapalayam Road 2.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Represented by its Chairman 10th Floor, NPKRR Maaligai No.144, Anna Salai, Chennai - 600 002 3.The Executive Engineer Transmission Line Construction Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO) Cuddalore 4.The Assistant Executive Engineer Transmission Line Construction Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO) Sankarapuram, Kallakurichi District 5.The Assistant Engineer Transmission Line Construction Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO) Sankarapuram, Kallakurichi District 6.The Additional Divisional Engineer Sub-Power Station 7.The Tahsildar 8.The Village Administrative Officer

9.The Government Pleader High Court, Madras

N.SESHASAYEE, J., Asr 11.07.2023