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Madras High CourtWP/29168/2024disposed of

A.Venkadachalam v. The District Collector

2024-10-22Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Venkadachalam ... Petitioner vs.

1.The District Collector Office of Collectorate Salem District.

2.The District Revenue Officer Office of the Collectorate Salem District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Attur Taluk, Salem District.

4.The Tahsildar Thalaivasal Taluk Salem District.

5.The Joint Engineer, Power grid NM Transmission Ltd, 400 KV Substation Konakapadi Post, KR Thoppur, Salem, Tamil Nadu-636 502.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/6

India, to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioner's appeal representation dated 03.07.2024 within a time to be stipulated by this Court.

For Petitioner : Mr.A.Rajakumar For R1 to R4 : Mr.Arasakumar Government Advocate For R5 : Mr.K.Mikesh for M/s.Aiyar & Dolia

O R D E R

The petitioner herein seeks a direction to the 2nd respondent to dispose of his appeal dated 03.07.2024 within the time stipulated by this Court.

2. It is the case of the petitioner that 1220 eucalyptus trees belonging to the petitioner situated in Survey Nos.67/1, 67/2 and 71/1 in Kattukottai Village, Thalaivasal Taluk, Salem District was cut and removed by the 5th respondent for the purpose of laying Electricity Line from Nagapattinam Mudali to Dharmapuri 765 KV D/c line by the Central Government Power Grid Corporation. The compensation for the trees was fixed by the 4th respondent at Rs.2,94,810/-. Not satisfied with the quantum of 2/6

compensation, the petitioner submitted a representation before the 4th respondent seeking enhancement of compensation and the said representation was rejected by 4th respondent by his order dated 18.10.2021. Aggrieved by the same, the petitioner filed a first appeal before the 3rd respondent. The said appeal was dismissed by the order dated 13.07.2023. Aggrieved by the dismissal of the appeal, the petitioner filed second appeal before the 2nd respondent on 03.07.2024 and the same has not been considered on merits. Aggrieved by the same, the petitioner is before this Court.

3. The learned Government Advocate appearing for the petitioner would submit that the appeal submitted by the petitioner dated 03.07.2024 will be considered on its own merits and in accordance with law, within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the appeal presented by the petitioner dated 03.07.2024 and pass final orders on its own merits and in accordance with law, after affording 3/6

reasonable opportunity to the petitioner and 5th respondent, within a period of twelve weeks from the date of receipt of copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

22.10.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Collector Office of Collectorate, Salem District.

2.The District Revenue Officer Office of the Collectorate, Salem District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Attur Taluk, Salem District.

4.The Tahsildar Thalaivasal Taluk, Salem District.

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S.SOUNTHAR, J.

dm 22.10.2024 6/6