K.Saraswathy v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Saraswathy W/o.Late Krishnasamy ... Petitioner Vs.
1.Government of Tamil Nadu, The Energy Department, represented by its Principal Secretary, Secretariat, Chennai - 600 009.
2.The District Collector, Coimbatore District, Coimbatore.
3.The Chairman, Tamil Nadu Generation & Distribution Corporation Ltd., Anna Salai, Chennai - 600 002.
4.The Additional Chief Engineer/Civil, Hydro Electric Scheme, No.955, E.V.N.Road, Erode - 9.
5.The Executive Engineer/Civil, Kollimalai Hydro Electric Project, TANGEDCO, 2nd Floor, B.S.N.L. Officers' Quarters, Dr.Sanakaraiyer Road, Namakkal - 637 001.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to decide the compensation and to pass an award in respect of petitioner land comprised in Survey No.329/1 situated at Nellithurai Village, Mettupalayam Taluk, Coimbatore District, within a time frame fixed by this Court.
For Petitioner : Mr.G.Krishna Kumar For Respondents : Mr.P.Sathish Additional Government Pleader [R1 & R2] Mr.Syed Sibagutallah Standing Counsel [R3 to R5] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to decide on the compensation payable to the petitioner and to pass an award with respect to the lands belonging to the petitioner, which were acquired for the Hydro Electric Project.
2. Heard Mr.G.Krishna Kumar, learned counsel for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.Syed Sibagutallah, learned Standing Counsel appearing for respondents 3 to 5.
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3. The petitioner claims to be the absolute owner of the subject property. The Government of Tamil Nadu proposed a Hydro Electric Power Generation Scheme at Mettupalayam. While undertaking that project, due to improper implementation, serious damage was caused to the lands belonging to the petitioner. Hence, a request was made to acquire the lands belonging to the petitioner under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. The second respondent issued a notification under Section 3(2) of the Act in respect of the lands, which were covered in two villages in the year 2019. The petitioner was requesting the respondents 3 to 5 to take steps to acquire the lands and to pay compensation through the second respondent.
Ultimately, a communication was addressed to the petitioner by the fifth respondent stating that the matter is now placed before the second respondent and that the second respondent will pass necessary orders for acquiring the property and for payment of compensation. Since there was no progress thereafter, the present writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be 3/6
a direction to the second respondent to deal with the representation made by the petitioner on 05.08.2022 in line with the communication made by the fifth respondent to the petitioner dated 18.05.2022 and take a decision within a period of eight (8) weeks from the date of receipt of a copy of this order.
This writ petition is disposed of with the above direction. No costs.
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To 1.The Energy Department, represented by its Principal Secretary, Secretariat, Chennai - 600 009.
2.The District Collector, Coimbatore District, Coimbatore.
3.The Chairman, Tamil Nadu Generation & Distribution Corporation Ltd., Anna Salai, Chennai - 600 002.
4.The Additional Chief Engineer/Civil, Hydro Electric Scheme, No.955, E.V.N.Road, Erode - 9.
5.The Executive Engineer/Civil, Kollimalai Hydro Electric Project, TANGEDCO, 2nd Floor, B.S.N.L. Officers' Quarters, Dr.Sanakaraiyer Road, Namakkal - 637 001.
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