C.Karthikeyan v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Karthikeyan
...Petitioner
Vs.
1.
The District Collector, Thiruvannamalai District.
2.
The Deputy General Manager (DGM), Power Grid Corporation of India Limited, 765/400 KV Thiruvalam Substation, K.R.Thangal Village (PO), Katpadi Taluk, Vellore-632 516.
3.
The Deputy General Manager (DGM), Power Grid Corporation of India Limited, SRTS-II, Regional Head Quarters, Pragati Mahalakshmi.
South Block, (Second and Third Floor), No.62, Third Cross, MEI Road, Industrial Subrub, Yeshwantpur, Bangalore - 560 022.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to pass orders on the representation of the petitioner dated 22.02.2023 for 1/7
enhancement of compensation amount.
For Petitioner : Mr.S.Gunaseelan For Respondents : Mr.E.Veda Bagath Singh, Spl.GP, for R1 : Mr.V.Kalyanaraman, for R2 & R3
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the 1st & 2nd respondents to dispose of the petitioner's representation dated 22.02.2023.
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader, takes notice for the 1st respondent. Mr.V.Kalyanaraman, learned counsel takes notice for the 2nd & 3rd respondents. In view of the consent expressed by the Learned counsel on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that he purchased the land comprised in S.No.359/1, situated at Alliyabad, Thiruvannamalai District, measuring an extent of 76 cents in the year 1997 and 10 cents in the year 2017 and 2/7
pursuant to the said purchase, the petitioner was carrying out cultivation of various kinds of trees in the said agricultural land. While so, the respondents decided to install 400 KV Voltage tower line and as the electric cable passes through the petitioner's agricultural land, the 2nd respondent without issuing any prior notice, destroyed the trees cultivated by the petitioner in the subject land. Aggrieved by the above said action of the 2nd respondent, the petitioner sent a letter to the respondents seeking payment of compensation for the loss incurred by the petitioner. Upon receipt of the said letter, the 1st respondent, vide letter dated 05.10.2018 directed the petitioner to approach the 2nd respondent for compensation. In compliance with the above said direction of the 1st respondent, the petitioner made a representation dated 07.
09.2018 before the 2nd respondent, seeking payment of compensation of Rs.55,00,000/-. While so, on 12.05.2021, the 2nd respondent, after removing all the trees in the subject land, paid a sum of Rs.5,40,595/- to the petitioner. Aggrieved by the above said compensation arrived at by the 2nd respondent, the petitioner sent another representation dated 22.02.2023 to the respondents for enhancement of compensation, however, till date, no orders have been passed on the said representation. Hence, this Writ petition.
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4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st and 2nd respondents to consider the petitioner's representation dated 22.02.2023, and pay the enhanced compensation to the petitioner as expeditiously as possible.
5. Learned counsel appearing for the 2nd & 3rd respondents submitted that, if at all the petitioner is aggrieved by the compensation amount arrived at by the respondents, the petitioner has to approach the competent civil court. While so, instead of approaching the competent civil court, filing the present Writ petition, seeking direction to the respondents to enhance the compensation is not sustainable. Hence, he prayed for dismissal of this Writ petition.
6. On the above said contentions, heard learned Special Government Pleader appearing for the 1st respondent.
7. In view of the aforesaid submissions, this Court without expressing 4/7
any opinion on the merits of the case, directs the 1st and 2nd respondents to consider the petitioner's representation dated 22.02.2023 on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
8. This Writ petition is accordingly disposed of. No costs. 21.03.2023 skt Speaking Order : Yes/ No Index : Yes/ No To 1.
The District Collector, Thiruvannamalai District.
2.
The Deputy General Manager (DGM), Power Grid Corporation of India Limited, 765/400 KV Thiruvalam Substation, K.R.Thangal Village (PO), 5/7
Katpadi Taluk, Vellore-632 516.
3.
The Deputy General Manager (DGM), Power Grid Corporation of India Limited, SRTS-II, Regional Head Quarters, Pragati Mahalakshmi.
South Block, (Second and Third Floor), No.62, Third Cross, MEI Road, Industrial Subrub, Yeshwantpur, Bangalore - 560 022.
M.DHANDAPANI., J.
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