Madras High CourtWP/15317/2017disposed of

V.Ranganathan v. The Chairman

2017-09-06Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.15317 of 2017

1. V.Ranganathan

2. V.Vembuli ... Petitioners v.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R. Ramasamy Maligai, 144, Anna Salai, Chennai 2.

2. The Superintending Engineer, Tamil Nadu Electricity Board, No.10, Alandur Road Guindy Industrial Estate Road, Guindy, Chennai 32.

3. District Collector, Kancheepuram District, Kancheepuram 631 501 ` ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to grant appropriate compensation to the petitioners in respect of the acquisition of the petitioners lands measuring an extent of 3400 sq.ft. comprising in Survey Nos.560/1 and 564/1A2, situated in Pallavaram Village, Kancheepuram District, after affording an opportunity to personal hearing of the petitioners within a time frame.

For Petitioners : Mr.N.Mohammad Rizwan For Respondents : Mr.S.K.Rameshuwar, SC (R1 & 2) Mr.R.Rajeswaran, SGP (R3) Govt. Advocate

O R D E R

The petitioners have filed the above Writ Petition to issue a writ of mandamus directing the respondents to grant appropriate compensation to them in respect of the acquisition of their lands measuring an extent of 3400 sq.ft. comprising in Survey Nos.560/1 and 564/1A2, situated in Pallavaram Village, Kancheepuram District, after affording an opportunity of personal hearing to them, within a time frame.

2. The learned counsel appearing for the petitioners submitted that the petitioners have given a representation dated 27.03.2017 to the respondents claiming compensation in respect of their lands on which the High Tension Electricity Towers were erected. The learned counsel submitted that it would be suffice to direct the respondents to consider the petitioners' representation dated 27.03.2017 in accordance with law.

3. Mr.S.K.Rameshuwar, learned Standing Counsel appearing for respondents 1 and 2 submitted that there is no provision under the Act, claiming compensation for the erection of High Tension Tower on the petitioners lands. However, the learned Standing Counsel submitted that the 2nd respondent may be directed to consider the petitioners' representation and pass orders in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, without going into the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 27.03.2017 and pass orders in accordance with law, considering the averments stated in the counter affidavit filed by the respondents 1 and 2 in the writ petition, within a period of four weeks from the date of receipt of a copy of this order.

With this observation, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar

rg To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R. Ramasamy Maligai, 144, Anna Salai, Chennai 2.

2. The Superintending Engineer, Tamil Nadu Electricity Board, No.10, Alandur Road Guindy Industrial Estate Road, Guindy, Chennai 32.

3. District Collector, Kancheepuram District, Kancheepuram 631 501 ` +1cc to Mr.N.Mohamad Rizwan, Advocate Sr. 64865 +1cc to Mr.S.K.Rameshwar, Advocate Sr. 64656 +1cc to the Government Pleader, Sr. 65434 W.P.No.15317 of 2017 VGII(CO) VR(04/10/2017)