Shishir Goenka, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2017
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.19501 of 2017 and W.M.P.Nos.21047 to 21049 of 2017 Shishir Goenka [ Petitioner ] Vs
1. The District Collector, Thiruvallur District, Thiruvallur.
2. Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) 144 Anna Salai, Chennai 2.
3. The Chief Engineer, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) 144 Anna Salai, Chennai 2.
4. The Superintending Engineer, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) General Construction Circle I A-10, T.V.K.Industrial Estate, Chennai 32.
5. The Executive Engineer, Transmission Line Construction, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) A-10, T.V.K.Industrial Estate, Chennai 32.
6. The Assistant Executive Engineer, Transmission Line Construction, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) A-10, T.V.K.Industrial Estate, Chennai 32.
[ Respondents]
Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified mandamus to call for the records in Rc.No.6371/2017/M2 dated 26.05.2017 passed by the 1st respondent and to quash the same and direct the respondents 2 to 6 to acquire the entire land of the petitioner in S.F.No.131/5 by paying the appropriate compensation to the petitioner.
For Petitioner : Mr.Avinash Krishnan Ravi For Respondents: Mr.R.Venkatesh, GA (R1) Mr.Abdul Saleem (R2-6)
O R D E R
Mr.R.Venkatesh, learned Government Advocate, takes notice for the 1st respondent. Mr.Abdul Saleem, learned counsel takes notice for the respondents 2 to 6. By consent, the main writ petition itself is taken up for hearing at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a writ of certiorarified mandamus to call for the records dated 26.05.2017 passed by the 1st respondent and to quash the same and direct the respondents 2 to 6 to acquire his entire land in S.F.No.131/5 by paying the appropriate compensation to him.
3. When the matter is taken up for hearing, Mr.Abdul Saleem, learned counsel appearing for respondents 2 to 6 submitted that in view of fact that 400 KV Alamathy-Manali and 400 KV Manali - NCTPS Stage II feeders have been test charged satisfactorily on 23.07.2017 for a total length of 33 KM and the pipeline has also been energized, nothing survives for adjudication in this writ petition. Further, the learned counsel submitted that there is no provision under the Electricity Act for paying compensation for erecting High Power Electricity Line in the petitioner's land.
4. In view of the submissions made by the learned counsel appearing for the respondents 2 and 3, I do not find any reason to keep the writ petition pending.
5. Accordingly, recording the submissions made by the learned counsel appearing for the respondents 2 and 3, this writ
petition is dismissed as infructuous. No costs. Connected miscellaneous petitions are closed.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To
1. The District Collector, Thiruvallur District, Thiruvallur.
2. Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) 144 Anna Salai, Chennai 2.
3. The Chief Engineer, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) 144 Anna Salai, Chennai 2.
4. The Superintending Engineer, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) General Construction Circle I A-10, T.V.K.Industrial Estate, Chennai 32.
5. The Executive Engineer,Transmission Line Construction, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) A-10, T.V.K.Industrial Estate, Chennai 32.
6. The Assistant Executive Engineer, Transmission Line Construction, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) A-10, T.V.K.Industrial Estate, Chennai 2.
+ 1 cc to M/s.Abdul Saleem, Advocate,SR.54778 + 1 cc to The Govt.Pleader, SR.54902 W.P.No.19501 of 2017 GR(CO) NR 16/08/2017