S.Chandrasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.19758 of 2022 and W.M.P.No.19062 of 2022 S.Chandrasekaran ... Petitioner

Versus

1.The District Collector, Erode District.

2.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, DCC, TNEB Complex, Kamaraj Nagar, Anthiyur Byepass Road, Udaiyarpatti Electricity Board Office, Salem 636 014.

4.The Executive Engineer, Transmission Tower Line Work, 5.The Assistant Executive Engineer, Transmission Line Construction-II, Udaiyarpatt, Salem 636 014.

6.The Assistant Executive Engineer, 1/4

Electricity Transmission Tower Line Work, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondents in connection with the impugned orders passed by the 1st respondent in Na.Ka.No.25647/2019/K4 dated 04.04.2019 and Na.Ka. No.1956/2020/K4 dated 06.02.2020 and the consequential orders passed by the 4th respondent in Ka.No.EE/TANTRANSCO/Kho.400 KV Line Rasipalayam till Balavadi/No.413/22 dated 19.04.2022 and by the 3rd respondent in Ka.No.SE/GCC/S/AEEE(General)/Till/Kho.Petition/A.No.452 /22 dated 26.04.2022, quash the same and direct the respondents 2 to 5 to properly assess the value based on the assessment order of Assistant Director of Agriculture, Ammapettai, Salem in Letter No.

03/2017 dated 08/03/2017 and fix adequate and reasonable compensation for removing the trees in the petitioner's land comprised in Survey No.330/1 & 330/2, Kannapalli Village, Anthiyur Taluk, Erode District before erecting the HT transmission tower line within a stipulated time frame.

For Petitioner :

Mr.M.Muthappan For Respondents :

Mr.Yokesh Kannadasan (R1) Special Government Advocate Mr.D.R. Arun Kumar (R2 to R6)

O R D E R

The learned Special Government Advocate appearing for the first respondent submitted that for any grievance in the order passed by the District Collector in terms of Section 16(1) of the Indian Telegraph Act, 1885, the 2/4

remedy available is only before the District Court. 2.

Hence, the Writ Petition is dismissed granting liberty to the petitioner to file an appropriate application before the jurisdictional District Judge in terms of Section 16 (3) of the Indian Telegraph Act, 1885. No costs. Consequently, connected Miscellaneous Petition is also closed. 07.08.2024 Index : Yes/No Internet : Yes/No gsa To 1.The District Collector, Erode District.

2.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, Tamilnadu Transmission Corporation Limited (TANTRANSCO) DCC, TNEB Complex, Kamaraj Nagar, Anthiyur Byepass Road, Udaiyarpatti Electricity Board Office, Salem 636 014.

3/4

M. DHANDAPANI, J gsa 4.The Executive Engineer, Transmission Tower Line Work, 5.The Assistant Executive Engineer, Transmission Line Construction-II, Udaiyarpatt, Salem 636 014.

6.The Assistant Executive Engineer, Electricity Transmission Tower Line Work, W.P. No.19758 of 2022 07.08.2024 4/4