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Madras High CourtWP/11728/2020disposed of

S.Duraisamy v. The District Collector

2020-09-24Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.11728/2020 & WMP.No.14417/2020 S.Duraisamy ..Petitioner/Petitioner

Versus

1.The District Collector Tirupur District, Tirupur.

..1st Respondent/1st Respondent 2.Tamil Nadu Transmission Corporation Limited [TANTRANSCO], rep.by its Managing Director, 144, Anna Salai, Chennai.

3.The Superintending Engineer General Construction Circle Tatabad, Coimbatore 641 012 ..Respondents 2 & 3/Third Parties **RR2&3 impleaded vide order of this Court dated 24.09.2020 in WMP.No.16428/2020 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to take necessary action of the petitioner's representation dated 06.02.2020 and pay compensation to the petitioner for using the petitioner's property measuring about 3.60 acres in SF.No.231/1C1 [Old No.231/1] and 3.5 cents in SF.No.230/1 at Jodhampatti Village, Madathukulam Taluk, Tiruppur District for construction of HT Electricity towers and lines.

For Petitioner :

Mr.M.Sivavarthanan For R1 :

Mr.Annai Ezhil, GA For RR2 & 3 :

Mr.Abdul Saleem

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus, directing the 1st respondent to act upon the representation made by the petitioner on 06.02.2002 wherein the petitioner has sought for compensation from the 2nd respondent who is attempting to utilise the property of the petitioner for erecting tower and for drawing High Tension wires.

(2)The case of the petitioner is that the petitioner is the owner of the subject property. The 2nd respondent is attempting to erect a High Tension Tower in the property belonging to the petitioner and the petitioner has made a representation to the 1st respondent seeking for compensation. Since the same was not considered, the present writ petition has been filed before this Court.

(3)Heard the learned counsel for the petitioner ; Mr.Annai Ezhil, learned Government Advocate accepting notice on behalf of the 1st respondent and Mr.Abdul Saleem, learned Standing counsel accepting notice on behalf of respondents 2 and 3. (4)Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 06.02.2020 and deal with the same strictly in accordance with law. The 1st respondent shall give sufficient opportunity to the petitioner and the 2nd respondent and shall pass final orders within a period of four weeks from the date of receipt of a copy of this order.

The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order. Till final orders are passed, the present Status Quo shall be maintained. (5)This writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The District Collector Tirupur District, Tirupur.

2.The Managing Director, Tamil Nadu Transmission Corporation Limited [TANTRANSCO], 144, Anna Salai, Chennai.

3.The Superintending Engineer General Construction Circle Tatabad, Coimbatore 641 012.

+1 CC to Mr.M.Sivavarthanan, Advocate sr 31237. +1 CC to The Govt. Pleader sr 31305.

WP.No.11728/2020 PT(CO) SP(19/10/2020)