G.Kumar v. The Distsrict Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2020
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.8953 of 2020 and W.M.P.Nos.10886 & 10888 of 2020 1.
G.Kumar S/o.Govindasamy Ungarana Village, Dharmapuri Taluk Dharmapuri District.
2.
S.Maheshwari W/o.Saravanan No.1/315, Nehru Nagar, EB Office Backside Collectorate Post, Dharmapuri Taluk Dharmapuri District - 636 705.
... Petitioners Vs 1.
The District Collector, Dharmapuri District, Dharmapuri-5.
2.
The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri-5.
3.
The Executive Engineer, Tamil Nadu Electricity Board, Dharmapuri-5.
4.
The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Adhiyamankottai Circle, Dharmapuri - 5.
.. Respondents Prayer:
Writ Petition filed under Section Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus, calling for the records and quash the impugned order Na.Ka.2696/2020/B2 dated 19.05.2020 passed by the 1st respondent and consequently, direct the 1st respondent to fix the compensation for the damage caused because of the electrical line/tower to be taken through the property of the petitioners Page No.1/3
situated in S.Nos.144/3 and S.No.145/2 Ungarranhalli Village, Dharmapuri Taluk, Dharmapuri District.
For Petitioners :
Mr.R.Thamaraiselvan For Respondents :
Mr.D.Suriyanarayanan Additional Government Pleader for R1 Mr.Abdul Saleem, for R2 to R4
O R D E R
This matter is taken up for hearing through VideoConferencing mode.
2. Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the 1st respondent. Mr.Abdul Saleem, learned counsel takes notice for the respondents 2 to 4. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
3. The petitioner seeks for a direction to the 1st respondent to fix compensation for the damages caused because of the electrical line/tower to be taken through the property of the petitioners situated in S.No.144/3 and S.No.145/2 Ungarranhalli Village, Dharmapuri Taluk, Dharmapuri District.
4. The grievance of the petitioner is that the respondents 2 and 3 are trying to erect poles etc. in the petitioner's properties without paying compensation.
5. On the other hand, the learned counsel for the respondents 2 to 4 submitted that they have already approached the 1st respondent to fix the compensation and that the process is going on.
6. In view of the above stated facts and circumstances, the first respondent-District Collector, Dharmapuri District, is directed to fix the compensation and pass orders on the same within a period of four weeks from the date of receipt of a copy of this order.
Page No.2/3
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar true copy Sub-Assistant Registrar vsi To 1.
The District Collector Dharmapuri District, Dharmapuri-5.
2.
The Superintending Engineer Tamil Nadu Electricity Board Dharmapuri-5.
3.
The Executive Engineer Tamil Nadu Electricity Board Dharmapuri-5.
4.
The Assistant Divisional Engineer Tamil Nadu Electricity Board Adhiyamankottai Circle Dharmapuri - 5.
W.P.No.8953 of 2020 mr(co) aa29/07/2020 Page No.3/3