Madras High CourtWP/17650/2020disposed of

S.P.Murugesan v. The District Collector

2020-12-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.17650 of 2020 S.P.Murugesan ..Petitioner Vs

1. The District Collector, Dharmapuri, Dharmapuri District.

2. The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, Athur 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: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 23.3.2020 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 comprised in Survey Numbers: 132/2A, 133/4A situated at Sukkanahalli Village, Palacode Taluk, Dharmapuri District.

For petitioner : Mr. K.Myilsamy For Respondents: Mr. S.N.Parthasarathy

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 23.3.2020 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 Govt. 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 a compensation of a sum of Rs.3,39,295/-.

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 Govt. 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 Govt. 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-iii) //True Copy// msr Sub Assistant Registrar To

1. The District Collector, Dharmapuri, Dharmapuri District.

2. The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, thur 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 Mr.Myilsamy, Advocate, S.R.No.40163 +1cc to the Government Pleader, S.R.No.40082 W.P.No.17650 of 2020 (CO) rv(20/01/2021)