V.Raji v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR V.Raji ... Petitioner Vs
1. The District Collector, Dharmapuri,
2. The Superintending Engineer (O & M), Kariyamangalam Taluk, Dharmapuri.
3. The Assistant Executive Engineer (TLC), (Transmission Line Construction), Dharmapuri Taluk,
4. The Assistant Engineer (TLC), (Transmission Line Construction), Dharmapuri Taluk,
5. The Assistant Executive Engineer, Powerline-I, Dharmapuri Taluk, Dharmapuri District.
6. The General Manager, Power Grid Corporation of India Ltd., Somanahalli, Indur Via, Nallampalli Taluk,
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the sixth respondent to pay appropriate and adequate compensation to the petitioner for the erection of high voltage tower in S.No.278/2, Athakamppadi Revenue Village, Dharmapuri Taluk, Dharmapuri District in his land by considering the petitioner's representation dated 11.09.2024 in pursuance of the proceedings of the first respondent in Na.Ka.No.26410/2024 B2 dated 23.10.2024, within time stipulated by this Court.
For Petitioner : Mr.A.Ilayaperumal For Respondents : Mr.S.Balamurugan, Govt. Advocate for first respondent Mr. D.R.Arunkumar, Standing Counsel for respondents 2 to 5 Mr.V.Kalyanaraman for M/s Aiyar & Dolia for sixth respondent
ORDER
The petitioner herein seeks a direction to the sixth respondent to pay appropriate compensation to the petitioner for erecting the High voltage Tower in S.No.278/2, Athakamppadi Revenue Village, Dharmapuri Taluk, Dharmapuri District, by considering his representation dated 11.09.2024 pursuant to the proceedings of the first
respondent in Na.Ka.No.26410/2024 B2 dated 23.10.2024.
2. It is the case of the petitioner that he is the absolute owner of the above mentioned property bearing patta No.2325. According to the petitioner, the High voltage Tower was erected within the extent of 30 cents in S.No.278/2 and no compensation has been paid to the petitioner for the area covered by the Tower. Therefore, the petitioner submitted a representation dated 17.09.2024 before the respondents 1 to 5 seeking payment of compensation. The first respondent herein forwarded the representation of the petitioner to the sixth respondent, directing him to consider the request of the petitioner for payment of compensation in respect of the Tower erected by the sixth respondent. However, the representation has not been considered by the sixth respondent and hence, the petitioner has come before this Court.
3. Mr.V.Kalyanaraman, learned Counsel appearing for the sixth respondent would submit that the representation of the petitioner will be considered only if the Tower is erected by the sixth respondent.
4. In view of the above stand taken by the sixth respondent,
without going into the question whether the sixth respondent erected the Tower in the property of the petitioner or not, this Court is inclined to direct the sixth respondent to consider the representation of the petitioner dated 11.09.2024 forwarded by the first respondent in his proceedings Na.Ka.No.26410/2024/B2 dated 23.10.2024 and pass final orders on its own merits, within a period of six weeks from the date of receipt of copy of this Order and communicate the same to the petitioner.
5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.
07.01.2025 Index:Yes/No Internet:Yes/No mst To
1. The District Collector, Dharmapuri,
2. The Superintending Engineer (O & M), Kariyamangalam Taluk, Dharmapuri.
3. The Assistant Executive Engineer (TLC),
(Transmission Line Construction), Dharmapuri Taluk,
4. The Assistant Engineer (TLC), (Transmission Line Construction), Dharmapuri Taluk,
5. The Assistant Executive Engineer, Powerline-I, Dharmapuri Taluk, Dharmapuri District.
6. The General Manager, Power Grid Corporation of India Ltd., Somanahalli, Indur Via, Nallampalli Taluk,
S.SOUNTHAR, J.
mst 07.01.2025