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Madras High CourtWP/6849/2023disposed of with direction

M.Vadivel v. The Additional Chief Secretary To

2025-10-13Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI M.Vadivel ... Petitioner Vs

1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Government of Tamil Nadu, Commissionerate of Revenue Administration Management and Disaster Management, Ezhilagam, Chepauk, Chennai- 600 005.

2.The Chairman Tamil Nadu Transmission Corporation Limited, 6th Floor, TANTRANSCO Building, No.144, Anna salai, Chennai- 600 002.

3.The Coimbatore District Collector, Collectorate Building, Coimbatore- 641 018.

4.The Superintendent / Civil / Hydro Projects, TANGEDCO, No.955, EVN Road, Erode- 638 009.

Respondent(s)

PRAYER:- Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, to direct the first respondent either to acquire the Petitioners lands measuring an extent of 8.96 acres in S.No.313, 314, 322, 325, situate in Samayapuram Village, Mettupalayam Taluk, by private negotiation or under due process of law and make necessary payment by quantifying the compensation under Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013. For Petitioner(s):

Mr.P.Arun Pandiyan For Respondent(s):

Ms.S.Anitha Special Government Pleader for R1 & R3 R2 & R4 - No Appearance

ORDER

This Writ Petition has been filed for a direction to the first respondent either to acquire the Petitioners lands measuring an extent of 8.96 acres in S.No.313, 314, 322, 325, situate in Samayapuram Village, Mettupalayam Taluk, by private negotiation or under due process of law and make necessary payment by quantifying the compensation under Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the land in SF Nos.313, 314, 322, 325 situate in

Samayapuram Village, Mettupalayam Taluk and, adjacent to the petitioner's land, the respondents constructed a Barrage across the river of Bhavani for the project of 10 MW (2x5MW) Bhavani- Barrage -1 to generate electricity, in which, the petitioner's land was submerged and the petitioner was not able to use the land for cultivation purpose. It is stated that the 4 th respondent had promised that either the lands of the petitioner would be acquired and compensation paid or if the lands are not acquired, still compensation would be paid for the loss which had occurred to the petitioner. However, no decision was taken by the respondent till date, the present writ petition is filed for appropriate relief.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to sent Officers to assess the damages sustained by the petitioner due to construction of the Barrage by the Electricity Board or for acquiring the land and thereafter, the respondent may be directed to decide on payment of compensation or to acquire the land.

4. The learned Standing Counsel appearing for the respondent Electricity Board would submit that field inspection would be conducted pursuant to the damages sustained and the alleged damages of the petitioner will be assessed and if it is required, the land will be acquired from the petitioner.

5. In view of the same, the respondents are directed to conduct field inspect regarding alleged damages sustained by the petitioner and assess the damages and take a decision regarding acquisition of land or payment of compensation for damages within a period of eight weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above terms. No costs. 13-10-2025 kkn Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Additional Chief Secretary to Government, Revenue and Disaster Management Department Government of Tamil Nadu, Commissionerate of Revenue Administration Management and Disaster Management, Ezhilagam, Chepauk, Chennai- 600 005.

2.The Chairman, Tamil Nadu Transmission Corporation Limited, 6th Floor, TANTRANSCO Building, No.144, Anna Salai, Chennai- 600 002.

3.The Coimbatore District Collector, Collectorate Building,Coimbatore- 641 018.

4.The Superintendent / Civil / Hydro Projects TANGEDCO, No.955, EVN Road, Erode- 638 009.

M.DHANDAPANI J.

KKN 13-10-2025