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Madras High CourtWP(MD)/984/2024disposed of

A.Rajammal v. The Director / Chairman

2024-01-18Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 18.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.984 of 2024 A.Rajammal

...Petitioner

/Vs./ 1.The Director / Chairman, TANTRANSCO/TANGEDCO, Chennai.

2.The Superintending Engineer, TANTRANSCO, Dindigul District.

3.The Executive Engineer, TANTRANSCO, Dindigul.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to give compensation amount for a sum of Rs.4,80,000/- based on the petitioner's representation dated 21.12.2023.

For Petitioner : Mr.P.Saravanan For Respondents : Mr.S.Deenadhayalan Standing Counsel 1/4

ORDER

This writ petition has been filed seeking for issuance of Writ of Mandamus, directing the respondents to give compensation amount for a sum of Rs.4,80,000/- based on the petitioner's representation dated 21.12.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Standing counsel, who takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner and her family are in possession and enjoyment of the subject property, which is an agricultural land and it was purchased by the petitioner's husband through a registered sale deed. In the said agricultural land, the petitioner planted banana trees which were destroyed by the third respondent for laying heavy electricity wires on the promise that the compensation amount will be paid as per the government norms. In this regard, the petitioner made a representation to the respondents on 21.12.2023 seeking compensation. Since it has not been paid till date, the present writ petition has been filed.

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4. The learned standing counsel appearing for the respondents has produced a letter of the third respondent dated 18.01.2024 in Lr.No.EE(N1)/TLC/DGL/F..DOC.Court Case/D.No.-CAMP/24, wherein it has been stated that the compensation amount of Rs.4,80,000/- will be paid to the petitioner within a period of 56 days after getting approval from the second respondent.

5. Recording the letter issued by the third respondent and also considering the facts and circumstances of this case, this Court directs the respondents to get sanction from the competent authority and to pay compensation amount for destroying the banana trees within a period of 12 weeks from the date of receipt of a copy of this order, failing which, the petitioner is entitled for the interest at the rate of 6% per annum for the delayed payment of the compensation amount.

6. With the above direction, this writ petition is disposed of. No costs. 18.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Director / Chairman, TANTRANSCO/TANGEDCO, Chennai.

2.The Superintending Engineer, TANTRANSCO, Dindigul District.

3.The Executive Engineer, TANTRANSCO, Dindigul.

Order made in W.P(MD)No.984 of 2024 Dated:

18.01.2024 4/4