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Madras High CourtWP/14009/2021disposed of

S.Kalaiselvi v. The District Collector

2021-07-07Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021 THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.14009 OF 2021 S.Kalaiselvi ... Petitioner -Vs1. The District Collector, Salem District.

2. The Chairman cum Managing Director, TANTRANSCO Building, No.144, Anna Salai, Chennai-600 002.

3. The Director/Transmission Projects, TANTRANSCO Building, No.144, Anna Salai, Chennai-600 002.

4. The Superintending Engineer, TANGEDCO, (General Construction Circle-Salem), K.N.Colony Post, Salem-636 014.

5. The Executive Engineer, Transmission Line Construction, Tamil Nadu Electricity Board, Udayapatty, Salem-636 014.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.09.2020 and process the petitioner's application for compensation, assess, determine and pay the compensation to the petitioner for loss of trees and land in S.F.No.306/2F of Chinnagoundanur Village, Sangakiri Taluk.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.A.Selvendran, GA for RR1 Mr.M.Vijay Mehnath for R2 to 5

ORDER

This Writ Petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 14.09.2020 and process the petitioner's application for compensation amount, to determine, assess and pay the compensation to the petitioner for loss of trees comprised in S.F.No.306/2F of Chinnagoundanur Village, Sangakiri Taluk.

2. The case of the petitioner is that the officials of the respondents had erected the Hightension(HT) line of 110 KV causing damage to the trees situated in the petitioner's property. In this regard, the petitioner made a representation dated 14.09.2020 to the fifth respondent seeking compensation from the respondents for causing damage to the coconut trees, which are situated at petitioner's property for erecting Hightension(HT) line of 110 KV. However, no action has been forthcoming by the respondents. Hence, the present Writ Petition has been filed.

3. Heard Mr.R.Prabakar, learned counsel for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing for the first respondent and Mr.Vijay Mehnath, learned counsel for the respondents 2 to 5.

4. In view of the submissions made and also considering the limited prayer made by the petitioner, without expressing any opinion, this Courts directs the respondents to consider the petitioner's representation dated 14.09.2020 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order, if necessary after providing an opportunity of fair and effective hearing to the parties concerned.

5. The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dn To

1. The District Collector, Salem District.

2. The Chairman cum Managing Director, TANTRANSCO Building, No.144, Anna Salai, Chennai-600 002.

3. The Director/Transmission Projects, TANTRANSCO Building, No.144, Anna Salai, Chennai-600 002.

4. The Superintending Engineer, TANGEDCO, (General Construction Circle-Salem), K.N.Colony Post, Salem-636 014.

5. The Executive Engineer, Transmission Line Construction, Tamil Nadu Electricity Board, Udayapatty, Salem-636 014.

+1cc to Mr.R.Prabakar, Advocate, S.R.No.32194 +1cc to Mr.M.Vijay Mehnath, Advocate, S.R.No.31838 +1cc to the Government Pleader, S.R.No.32017 W.P.NO.14009 OF 2021 PCH(CO) PBS(28/07/2021)