Madras High CourtWP/26382/2021disposed of

Chandra Kasinathan v. The District Collector

2021-12-13Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.26382 of 2021 and W.M.P.No.27850 of 2021 Chandra Kasinathan .....Petitioner Vs

1. The District Collector, Thiruvallur District.

2. The Tamil Nadu Transmission, Corporation Limited, Rep by its Superintending Engineer, General Construction Circle-II, No.144, Anna Salai, Chennai-600 002.

3. The Chairman cum Managing Director, The Tamil Nadu Transmission, Corporation Limited, No.144, Anna Salai, Chennai-600 002.

.....Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records in RC.No.8497/2021/M2 dated 01.10.2021 passed by the 1st respondent and quash the same and direct the respondents 2 & 3 to remove the transmission tower pillar and also forebear the respondents 2 & 3 or any person claiming authority through them from carrying out any other work in the petitioner's land admeasuring 0.09 acres comprised in Survey No.757/3 of Namam Village, and 1.97 acres comprised in Survey No.69, 52/1, 52/2-A and 52/2-B of Notchimedu Village, Sriperumbudur Taluk. For petitioner : Mr. T.Karunakaran For R-1 : Mr. P. Gurunathan, Additional Government Pleader, For RR-2 & 3 : Mr. Madhusudhanan Standing counsel

ORDER

The present petition has been filed seeking quashment of the impugned order dated 01.10.2021 passed by the 1st respondent herein and a direction to the respondents 2 & 3 to remove the transmission tower pillar and also forebear them from carrying out any other work in petitioner's land.

2. Mrs. C. Sangamithirai, learned Special Government Pleader takes notice for the 1st respondent and Mr.Madhusudhanan, learned standing counsel takes notice for respondents 2 & 3. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the respondents have laid transmission lines in the petitioner's agricultural land, therefore the petitioner made a representation to the respondents for removal of the said transmission lines. Since, the same was not considered, the petitioner filed a Writ Petition before this Court in W.P.No.16549 of 2017 and the said petition was disposed of directing the 3rd respondent to dispose of the petitioner's application. As per the direction of this Court, the 3rd respondent disposed of the petitioner's application and had passed the impugned order dated 01.10.2021. Aggrieved by the same, this Writ Petition has been filed seeking the above relief.

4. Learned counsel for the petitioner submits that when there are Government Poramboke lands and the lands belonging to the temple are available near the petitioner's agricultural land, erecting transmission lines in the petitioner's land is arbitrary. Further, the grievance of the petitioner is that in the notification published in the Tamil Nadu Gazette Notification dated 27.05.2015, the petitioner's village does not find place. Therefore, this Court may issue a direction to the respondents to consider the grievance of the petitioner and direct the respondents to remove the transmission pillars from the petitioner's land.

5. Learned standing counsel for respondents 2 & 3 submits that the way in which the transmission lines are to be laid is within the domain of the experts. Further, if the petitioner has any grievance with regard to the transmission of lines laid in his land, the respondents are ready pay the quantified compensation amount to the petitioner within a period of four weeks.

6. Heard the learned counsel on the either side and perused the materials available on record.

7. Upon perusal of the materials available on record, this Court is of the opinion that when transmission lines are laid based on the experts opinion, this Court cannot substitute its views to that of the experts in the particular field. Further taking note of the submission of the learned standing counsel for respondents that they are ready to pay the compensation amount to the petitioner, this Court directs the respondents to quantify and pay the compensation amount to the petitioner as per law within a period of four weeks from the date of receipt of a copy of this Order.

8. If at all the petitioner has any grievance with regard to the compensation amount paid, the petitioner is at liberty to work out his remedy for higher compensation in the manner known to law.

9. This Writ Petition is disposed of with the aforesaid direction. No Costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar NHS To 1.The District Collector, Thiruvallur District.

2.The Superintending Engineer, Tamil Nadu Transmission, Corporation Limited, General Construction Circle-II, No.144, Anna Salai, Chennai-600 002.

3. The Chairman cum Managing Director, The Tamil Nadu Transmission, Corporation Limited, No.144, Anna Salai,Chennai-600 002.

+1 cc to Mr.T.Karunakaran ., Advocate Sr.NO.66033 +1 cc to Mr.S.Madhusudhanan, Advocate Sr.NO.66190 +1 cc to Government Pleader Sr.NO. 66602 +1 cc to Mr.T.Karunakaran, Advocate Sr.NO.66033 (15/02/2022) W.P.NO.26382 of 2021 pch(CO) A.SK(09.02.2022) SU(15/02/2022)