Madras High CourtWP/33848/2022disposed of

Logos Vision Trust v. The District Collector

2022-12-16Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2022

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.33848 of 2022 Logos Vision Trust, Rep. by its Trustee, P.V.Shyamsundar, having office at Old Door No.3, New Door No.5-A/2, 1st floor, Beemseena Building, Murrys Gate Road, Alwarpet, Chennai - 600 018.

.. Petitioner Vs.

1.The District Collector Ranipet District, Kelly Road, Bharathi Nagar, Navalpur, Ranipet District - 632 401.

2.The Revenue Divisional Officer, Kelly Road, Bharathi Nagar, Navalpur, Ranipet District - 632 401.

3.The Chairman, Tamil Nadu Transmission Corporation Ltd., (TAN TRANSCO) 10th Floor, N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.

4.The Assistant Executive Engineer, Transmission Line Construction, No.765, K.V.DC Line / TAN TRANSCO, VGP Nagar, Chennai Salai, VIT Main Road, Old Katpadi, Vellore District - 632 007.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the compensation of the land and yielding tree cut compensation to the petitioner on account of erecting the High Tension Electric Towers in the petitioner's lands in S.Nos.174/2A, 174/2B, 174/2C1, 174/2C2B, 174/2C2A, 174/4A, 174/4B and 174/4C and running the 765 K.V DC Power Transmission Line in the petitioner's land in S.Nos.168/21, 173/2, 175/2, 174/2A, 174/2B, 174/2C1, 174/2A3, 174/2C2B, 174/4A, 174/4B, 174/4C, 175/4, 179/1, 188/5, 189/1, 189/2 and 174/2A2 of Thagarakuppam Village, Walaja Taluk, Ranipet District, within in the time fixed by this Court.

For Petitioner .. Mr.P.Babu For R1 and R2 .. Mr.M.Muthusamy, Govt. Advocate For R3 and R4 .. Mr.D.R.Arunkumar, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of Mandamus, seeking compensation for the petitioner's land and yielding tree cut, consequent to the High Tension Electric Towers in S.Nos.174/2A, 174/2B, 174/2C1, 174/2C2B, 174/2C2A, 174/4A, 174/4B and 174/4C and for running the 765 K.V DC Power Transmission Line in S.Nos.168/21, 173/2, 175/2, 174/2A, 174/2B, 174/2C1, 174/2A3, 174/2C2B, 174/4A, 174/4B, 174/4C, 175/4, 179/1, 188/5, 189/1, 189/2 and 174/2A2 of Thagarakuppam Village, Walaja Taluk, Ranipet District.

2.In the lands of the petitioner, the 4th respondent had put up a High Tension Electric Towers and in respect of which the petitioner had originally filed a writ petition, which was disposed of directing the 3rd respondent therein, the District Collector, Vellore, to examine the issues and pass necessary orders. The Collector had passed orders.

3.When the writ petition was pending, a communication was received by the petitioner dated 18.06.2018, from the Assistant Executive Engineer, asking for certain details, particularly the certificates of the Village Administration Officer, copies of patta, chitta and adangal of the land, for calculating the land compensation and yielding tree cut compensation. The petitioner had not submitted the requisite details, at that particular point of time, since the writ petition was pending before this Court. After the writ petition had been disposed of, the petitioner had given necessary details by letter dated 15.07.2022.

4.Therefore, a mandamus is issued to the respondents herein, particularly to the 4th respondent to calculate the land compensation and yielding tree cut compensation, within a period of eight weeks from the date of receipt of a copy of this order and pay the requisite amount to the petitioner. While calculating the compensation amount, the respondents may also issue notice to the petitioner and hear the objections of the petitioner and then arrive at a just compensation.

5.With the above observations, the Writ Petition is disposed of. No costs.

16.12.2022 Index:Yes/No Internet:Yes/No smv To 1.The District Collector Ranipet District, Kelly Road, Bharathi Nagar, Navalpur, Ranipet District - 632 401.

2.The Revenue Divisional Officer, Kelly Road, Bharathi Nagar, Navalpur, Ranipet District - 632 401.

3.The Chairman, Tamil Nadu Transmission Corporation Ltd., (TAN TRANSCO) 10th Floor, N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.

C.V.KARTHIKEYAN,J.

smv 4.The Assistant Executive Engineer, Transmission Line Construction, No.765, K.V.DC Line / TAN TRANSCO, VGP Nagar, Chennai Salai, VIT Main Road, Old Katpadi, Vellore District - 632 007.

W.P.No.33848 of 2022 16.12.2022