M.Kalaipugalarasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.17877 of 2020 M.Kalaipugalarasan, Son of Murugesan, No.3/52, Sukkanahalli Village, Ammanimallapuram (Post), Palacode Taluk, Dharmapuri District, Pincode: 636 806.

... Petitioner Vs.

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, Authur Bypass Road, Udayampatti, Salem.

3.The Executive Engineer, Tamil Nadu Transmission Corporation, Dharmapuri.

4.The Assistant Executive Engineer, Tamil Nadu Transmission Corporation, Dharmapuri.

... Respondents Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner representation dated 23.03.2020 within time bound manner for determination and compensation payable to him with regard to transmission of overhead lines by the respondent No.2 to 4 upon the agricultural land of petitioner comprised in Survey Numbers.131/1B1 situated at Sukkanahalli Village, Palacode Taluk, Dharmapuri District.

For Petitioner : Mr.K.Myilsamy For Respondents: Mr.S.N.Parthasarathy (for R1) Government Advocate

ORDER

This Writ petition has been filed for the issue of Writ of Mandamus, directing the 1st respondent to consider the representation made by the petitioner on 23.03.2020 and determine the compensation payable to him.

2.The case of the petitioner is that the respondents 2 to 4 have drawn over head transmission line over the property belonging to the petitioner and till date, no compensation has been paid.

3.Mr.S.N.Parthasarathy, learned Government Advocate appearing on behalf of the 1st respondent circulated the letter of the 1st respondent dated 27.10.2020, which was addressed to the 3rd respondent. It is seen from this letter that the compensation has been fixed for all those persons, who had claimed for such a compensation and the petitioner has been allotted compensation of a sum of Rs.4,13,900/-.

4. The learned counsel for the petitioner submitted that the petitioner did not receive any communication from the respondents in this regard and therefore, he is not aware about the compensation that was fixed by the 1st respondent. 5.The learned Government Advocate was requested to serve a copy of the letter of the 1st respondent dated 27.10.2020 to the learned counsel for the petitioner. Accordingly, the same was done and it is evident from this letter that the compensation has already been fixed by the 1st respondent. 6.In view of the above, no further orders can be passed in this Writ Petition except recording the submissions made by the learned Government Advocate and also the letter of the 1st respondent dated 27.10.2020. It is left open to the petitioner to approach the 3rd respondent and receive the compensation amount.

7.This Writ Petition Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sai/pgp To 1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, Authur Bypass Road, Udayampatti, Salem.

3.The Executive Engineer, Tamil Nadu Transmission Corporation, Dharmapuri.

4.The Assistant Executive Engineer, Tamil Nadu Transmission Corporation, Dharmapuri.

+1cc to the Government Pleader Sr.40707 +1cc to Mr.K.Myilsamy, Advocate Sr.40759 W.P.No.17877 of 2020 rld[co] srg 19/01/2021