R.Paramasivan v. The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.8554 & 8556 of 2020 and W.M.P.Nos.10342 & 10344 of 2020 R.Paramasivam ... Petitioner in W.P.8554/2020 M.Sithuraj ... Petitioner in W.P.8556/2020 Vs 1.

The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Energy Department, Secretariat, Chennai- 600 009

2. TANTRANSCO, Rep. By its Chairman/ Managing Director, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Superintendent Engineer, General Construction Circle, TANTRANSCO, Dharmapuri.

4. The District Collector, Dharmapuri District, Dharmapuri.

.. Respondents in both W.P.s Prayer:

Writ Petition No.8554/2020 filed under Section Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 4th respondent to determine the compensation for the petitioner's two Open wells & land, Crops and for Right of Way (ROW) in S.Nos.376/6C, 402/2A, 3B & 402/4B2 and 403/2C

situated at Nagamarai Village, Pennagaram Taluk, Dharmapuri District, as per the Government order dated 30.10.2019 made in G.O.Ms.No.86 issued by the 1st respondent forthwith. Writ Petition No.8556/2020 filed under Section Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 4th respondent to determine the compensation for the petitioner's Open well & land, Crops and for Right of Way (ROW) in S.Nos.398 & 399 situated at Nagamarai village, Pennagaram Taluk, Dharmapuri District as per the Government order dated 30.10.2019 made in G.O.Ms.No.86 issued by the 1st respondent forthwith.

For Petitioner in both W.P.s :Mr.M.R.Jothimanian For Respondents in both W.P.s:Mr.MD.Ilayaraja, Government Advocate for R1 & R4 Mr.Abdul Saleem for R2 & R3.

C O M M O N O R D E R This matter is taken up for hearing through VideoConferencing mode.

2. In both these writ petitions, the respective petitioners seek for a direction to the District Collector to determine the compensation for the petitioners' properties referred to in their writ petitions as per the Government Order dated 30.10.2019, Energy (A1) Department, made in G.O.Ms.No.86.

3. It is an admitted fact that the petitioners have already made such representation before the District Collector, Dharmapuri, District, who is the 4th respondent herein, seeking for such compensation and the said application is still pending. Needless to say that it is for the District Collector, Dharmapuri, to consider the claim of the petitioners and pass appropriate orders on merits and in accordance with law.

4. Thus, these Writ Petitions are disposed of by directing the 4th respondent-District Collector, Dharmapuri District to consider the claim of the petitioners and determine the compensation in respect of the properties referred to in their writ petitions, after giving due opportunity of hearing to all

the parties concerned. Such exercise shall be done by the 4th respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

mk/vsi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government, State of Tamilnadu, Energy Department, Secretariat, Chennai- 600 009 2.The Chairman/ Managing Director, TANTRANSCO, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Superintendent Engineer, General Construction Circle, TANTRANSCO, Dharmapuri.

4. The District Collector, Dharmapuri District, Dharmapuri.

+ 1 cc to Government Pleader SR.NO..24915 W.P.Nos.8554 & 8556 of 2020 VS(CO) EU 31.08.2020