M. Sasikala (Aged 34 Years) v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10742 of 2020 M.Sasikala ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Thiruvarur District.

2. TANTRANSCO, Rep by its Chairman, 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai 2.

3. The Superintending Engineer, General Construction Circle, TANTRANSCO, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 15.07.2020 seeking compensation for the Land, bearing Plot No. 32 in "Shenbagathottam Nagar" situated in survey No:183/10 Thenpuliyar Hamlet, Perundarakudi Village, Kudavasal taluk, Thiruvarur District, upon which a high-tension Power Transmission Tower was erected as a part of the Power Transmission Project of the 2nd and 3rd respondents namely, "Thiruvarur- Pavithramanikam 110 kV Line" within a time frame fixed by this Court.

For Petitioner : Mr.D.Alexis Sudhakar For Respondents: Mr.Manigopi, Government Advocate for R1 Mr.Abdul Salim, Standing Counsel for R2 & R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 15.07.2020 wherein the petitioner is seeking for compensation towards erecton of high tension power transmission tower in the property belonging to the petitioner by the second and third respondents.

2.The case of the petitioner is that she is an absolute owner of the subject property. The second and third respondents seems to have erected the high tension power transmission tower in the property of the petitioner. According to the petitioner, she is entitled for compensation in line with G.O.Ms.No.86, dated 30.10.2019. The petitioner made a representation to the first respondent on 15.07.2020 seeking for compensation. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Heard Mr.D.Alexis Sudhakar, learned counsel appearing on behalf of the petitioner and Mr.Manigopi, learned Government Advocate appearing on behalf of the first respondent and Mr.Abdul Salim, learned Standing Counsel appearing on behalf of the second and third respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 15.07.2020, strictly in accordance with law and more particularly in line with the guidelines given in G.O.Ms.No.86, dated 30.10.2019. The first respondent shall pass orders within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the representation dated 15.07.2020 and all other relevant documents and also a copy of this order.

5.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vkr To 1.The District Collector, Office of the District Collector, Thiruvarur District.

2.TANTRANSCO, Rep by its Chairman, 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai 2.

3.The Superintending Engineer, General Construction Circle, TANTRANSCO, Trichy.

4.The Government Pleader, High Court, Madras.

+1 cc to M/s.Abdul Saleem, Advocate Sr.No. 27110 W.P.No.10742 of 2020 KJ(CO) RMP(09/12/2020)