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Madras High CourtWP/19424/2020disposed of

M.S.Palanisamy v. The Chairman

2024-04-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.24009 of 2020 M.S.Palanisamy

...Petitioner

-Vs -

1. The Chairman, TANBEDCO, 8th Floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai - 02.

2. The District Collector, Salem District, Salem.

3. The Superintending Engineer, Transmission line construction & Distribution, Aattur Road, Salem - 14.

4. M/s.Kalpataru Power Transmission Limited, 698 Perundurai, Sennimalai Raod, Eengur Village, Perundurai Taluk, Erode - 638 052.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Ceritiorarified Mandamus, calling for the records bearing R.O.C.No.11569/2020/P2 dated 18.11.2020 passed by the second respondent herein and quash the same and further direct the second respondent to ensure that an alternate borewell is put at the cost of third and fourth respondent before entering petitioner's agricultural land at Survey No.458, Kannamoochi Village, Mettur Taluk, Salem District for erecting high tension electricity transmission lines. For Petitioner : Mr.M.S.Palanisamy Petitioner-in-person For Respondents For R1 & R3 : Mr.D.R.Arun Kumar Standing Counsel For R2 : Mr.U. Baranidharan Additional Government Pleader

ORDER

This writ petition has been filed challenging the order dated 18.11.2020, passed by the second respondent, thereby granted entry permission to the petitioner's land for erecting high tension electricity transmission lines.

2.

While pending the writ petition, the petitioner gave consent to erect the high tension electricity transmission line through his land on payment of compensation. Accordingly, the petitioner was compensated

for the crops and trees which were cut down while erecting the high tension electricity transmission line in the petitioner's land. However, the petitioner was not paid any compensation for using his land. 3.

Considering the above facts and circumstances, the petitioner is at liberty to submit representation before the respondents seeking compensation for utilization of his land in the manner known to law. On receipt of the same, the second respondent is directed to consider the claim of the petitioner and if the petitioner is eligible for compensation, pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of his representation.

4.

With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.

10.04.2024 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Chairman, TANBEDCO, 8th Floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai - 02.

2. The District Collector, Salem District, Salem.

3. The Superintending Engineer, Transmission line construction & Distribution, Aattur Road, Salem - 14.

4. M/s.Kalpataru Power Transmission Limited, 698 Perundurai, Sennimalai Raod, Eengur Village, Perundurai Taluk, Erode - 638 052.

and W.M.P.No.24009 of 2020 10.04.2024