Kannagi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.
Kannagi 2.
Kabilan
...Petitioners
Vs.
1.
The District Collector, Ariyalur, Ariyalur District.
2.
The Revenue Divisional Officer, Udayarpalayam Taluk, Ariyalur District.
3.
The Power Grid Corporation of India Ltd., C-27, Brindavan Street, 4th Stop, Thirunagar, Madurai.
4.
The General Manager, Power Grid Corporation of India Ltd., Pappakudi, Ariyalur District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 and 4 to determine and pay compensation to the petitioners for the damages caused to them on account of laying of transmission lines over their lands by considering the 1/7
representation of the petitioners dated 14.09.2021. For Petitioners : Mr.K.Balu For Respondents : Mr.E.Veda Bagath Singh, Spl.GP, for R1 & R2.
: Mr.S.Kalyana Raman for M/s. Aiyar and Dolia, for R3 & R4
O R D E R
The petitioners have filed this Writ petition seeking issuance of a Writ of Mandamus to direct the respondents 3 & 4 to consider the petitioners' representation dated 14.09.2021 and consequently, determine and pay the compensation to the petitioners for the damages caused to them while laying transmission lines over their lands.
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for the respondents 1 & 2 and Mr.S.Kalyana Raman, learned counsel takes notice for the respondents 3 & 4. 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 petitioners is that the 1st petitioner is the owner of the land comprised in S.No.4/2E, measuring an extent of 0.24.00 Ares, 2/7
situated at Vangudi Village and the 2nd petitioner is the owner of the lands comprised in S.Nos.10/1B4, 10/2C, 5/2 and 47/2A1, totally measuring an extent of 0.37.00 Ares, situated at Vangudi Village and they are in absolute possession and enjoyment of their respective lands by doing agriculture. While so, the respondents laid a 400 KV High tension Transmission line on the above said lands, which caused serious damage to the petitioners' lands and due to the above said act of the respondents, the petitioners are not able to carry out agricultural activities in their respective lands, which greatly affected their income. However, the respondents have paid a meagre compensation amount to the petitioners for the damages caused to them while laying transmission lines over their lands.
Aggrieved by the said compensation, the petitioners made representations dated 14.09.2021 before the 1st respondent, seeking to pay enhanced compensation amount of Rs.20,00,000/- for the trees and crops damages. Upon receipt of the said representations, though the 1st respondent, vide proceedings dated 04.10.2021, forwarded the petitioners' representations to the 4th respondent, however, till date, no action has been initiated by the 4th respondent and no final orders have been passed on the petitioners' representations. Hence, this Writ petition.
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4. Though very many grounds have been raised, learned counsel for the petitioners submits that, it would suffice, if this Court issues direction to the 3rd and 4th respondents to consider the petitioners' representation dated 14.09.2021 and pay the compensation amount to the petitioners as expeditiously as possible.
5. Learned counsel appearing for the respective respondents have no serious objection for the said order being passed.
6. Considering the limited request made by the learned counsel for the petitioners, this Court without expressing any opinion on the merits of the case, directs the 3rd and 4th respondents to consider the petitioners' representation dated 14.09.2021 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioners and aggrieved persons, if any.
7. With the above observations and directions, this Writ petition stands disposed of. No costs.
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(1/2) skt Speaking Order : Yes/ No Index : Yes/ No To 1.
The District Collector, Ariyalur, Ariyalur District.
2.
The Revenue Divisional Officer, Udayarpalayam Taluk, Ariyalur District.
3.
The Power Grid Corporation of India Ltd., C-27, Brindavan Street, 4th Stop, Thirunagar, Madurai.
4.
The General Manager, Power Grid Corporation of India Ltd., Pappakudi, Ariyalur District.
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M.DHANDAPANI., J.
skt (1/2) 6/7
25.04.2023 WMP.No.12393 of 2023 in M.DHANDAPANI, J.
Ordered, on payment of single Court fee.
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