K.Meera Pangayar Selvi v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Meera Pangayar Selvi
...Petitioner
Vs.
1.
The Superintendent Engineer, GCC, Dr.Subbarayan Road, Tatabad, Coimbatore - 641 012.
2.
The Executive Engineer, Transmission Line Construction, TANTRANSCO, Engur 230, KV SS Campus, Ellaimedu, Perundurai - 638 052.
3.
The District Collector, Tiruppur.
(R3 impleaded, vide order of this Court dated 29.10.2024 made in W.P.No.32371 of 2024.)
...Respondents
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 1st and 2nd respondents to act upon the petitioner's representation dated 11.09.2023 and consequently direct Page No.1 of 6
them to provide adequate financial compensation for the grid line/corridor and tower leg of the electric tower line (Location 38/1) in her property at Survey No.940/2C (Patta No.2717) located in Vattamalai Village, Kangeyam Taluk, Tiruppur District.
For Petitioner : Mr.T.Gowthaman, Senior Counsel, for Ms.S.Karpagapriya For Respondents : Mr.D.R.Arun Kumar, SC, for R1 & R2 : Mr.LSM.Hasan Fizal, AGP, for R3
O R D E R
The petitioner has filed this Writ petition seeking direction to the 1st and 2nd respondents to consider the petitioner's representation dated 11.09.2023 and to consequently provide adequate financial compensation for the grid line/corridor and tower leg of the electric tower line (Location 38/1) erected in her property.
2. Mr.D.R.Arun Kumar, learned Standing Counsel takes notice on behalf of the 1st and 2nd respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
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3. The case of the petitioner is that, she is the owner of the property measuring an extent of 3.10 Acres comprised in S.No.940/2C at Vattamalai Village, Tirupur and the same was purchased by her, vide registered sale deed dated 02.05.2019 bearing Doc.No.2216/2019 with an intention to utilise the said land for animal husbandry activities. However, a 765 KV high-voltage electric transmission line (Line 38/1) was proposed to pass through her land, affecting approximately 1.75 acres, which constituted a significant portion of the property and this made it impossible for her to proceed with her agricultural plans, causing her considerable financial loss and hardship.
Despite the adverse impact, the petitioner co-operated with the project by offering two legs of the tower to be installed on her land and proposed a reasonable adjustment to shift the tower line by 100 to 150 meters to minimize the damage, however, the said request of the petitioner was ignored by the respondents. Prioritizing the public welfare, the petitioner obliged to the project, and thereafter, she made a representation dated 11.09.2023 before the respondents, seeking appropriate financial compensation for the grid line and tower leg constructed on her land, which evoked no response. Hence, this Writ petition.
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4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st and 2nd respondents to consider the petitioner's representation dated 11.09.2023 and to consequently, provide adequate financial compensation to the petitioner for the grid line/corridor and tower leg of the electric tower line erected in her property.
5. On the above said contentions, heard learned counsel appearing on behalf of the respective respondents.
6. Though the petitioner made a representation before the 1st and 2nd respondents seeking to provide her with adequate financial compensation for the grid line/corridor and tower leg of the electric tower line erected in her property, however, as per the Indian Telegraph Act, since the District Collector is the competent authority to consider the petitioner's claim, this Court, suo motu impleads the District Collector, Tiruppur as the 3rd respondent in this Writ petition and the 3rd respondent/District Collector is directed to consider the petitioner's representation dated 11.09.2023 on merits and in accordance with law and pass appropriate orders within a period of Page No.4 of 6
two weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.
7. With the above directions, this Writ Petition stands disposed of. No costs.
29.10.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Note: Registry is directed to carry out the necessary amendments in the cause title.
To:
1.
The Superintendent Engineer, GCC, Dr.Subbarayan Road, Tatabad, Coimbatore - 641 012.
2.
The Executive Engineer, Transmission Line Construction, TANTRANSCO, Engur 230, KV SS Campus, Ellaimedu, Perundurai - 638 052.
3.
The District Collector, Tiruppur.
M.DHANDAPANI, J.
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skt 29.10.2024 Page No.6 of 6