Madras High CourtWP/17767/2017disposed of

C.Chandran, v. The Chairman,

2017-07-13Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.17767 of 2017 C.Chandran ... Petitioner v.

1 The Chairman Tamil Nadu Electricity Board /TANGEDCO No.800, Anna Salai Chennai-600 002 2 The Superintending Engineer/ Civil Mettur Thermal Power Project Mettur, Metturdam- 636 406 Salem District 3 The Sub-Collector/ Revenue Divisional Officer Mettur Revenue Division Mettur Dam Salem District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 3rd respondent to pay the compensation amount as per the award proceedings made in award No.4/2002-2003 in ROC No.159/99, dated 05.11.2002 and further direct the respondents to provide Alternative House site and other claims to petitioner as per the rehabilitation scheme formulated by the 1st Respondent dated 24.08.2002 for the land / House site acquired for the purpose of Upper Ash Dyke area of Mettur Thermal Power Project, Mettur Dam, Salem District.

For Petitioner : Mr.R.Jothimanian For Respondent : Ms.S.Varalakshmi - for R1 & R2 Mr.R.Venkatesh Govt. Advocate - for r3

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the 3rd respondent to pay the compensation amount as per the award proceedings made in Award No.4/2002-2003 in ROC No.159/99, dated 05.11.2002 and further direct the respondents to provide Alternative House site and other claims to him as per the Rehabilitation Scheme formulated by the 1st respondent dated 24.08.2002 for the land / House site acquired for the purpose of Upper Ash Dyke area of Mettur Thermal Power Project, Mettur Dam, Salem District.

2. The learned counsel appearing for the petitioner submitted that in spite of the Award passed in Award No.4/20022003, dated 05.11.2002, the 3rd respondent has not paid the compensation to the petitioner so far.

3. Ms.S.Varalakshmi, learned Standing Counsel, takes notice for the respondents 1 and 2. Mr.R.Venkatesh, learned Government Advocate taking notice for the 3rd respondent submitted that the petitioner may be directed to appear before the 3rd respondent and produce all the relevant documents to establish his claim.

4. In that view of the matter, the learned counsel appearing for the petitioner submitted that the petitioner undertakes to appear before the 3rd respondent and produce all the relevant documents establishing his claim.

5. In view of the submissions made by the learned counsel on either side, I direct the petitioner to appear before the 3rd respondent for enquiry and after conducting enquiry giving opportunity to the parties, the 3rd respondent is directed to pass appropriate final orders, pursuant to the notice dated 11.01.2017, within a period of eight weeks from the date of receipt of a copy of this order.

With these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

Rj To 1 The Chairman Tamil Nadu Electricity Board /TANGEDCO No.800, Anna Salai Chennai-600 002 2 The Superintending Engineer/ Civil Mettur Thermal Power Project Mettur, Metturdam- 636 406 Salem District 3 The Sub-Collector/ Revenue Divisional Officer Mettur Revenue Division Mettur Dam Salem District.

+1cc to Mr.M.R.Jothimanian, Advocate Sr.48939 +1cc to Mrs.R.Varalakshmi, Advocate Sr.49200 +1cc to the Government Pleader Sr.49671 W.P.No.17767 of 2017 srg 18/07/2017