Madras High CourtWP(MD)/3558/2025disposed of

Mahadevan.S v. The District Collector

2025-02-10Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Mahadevan ... Petitioner vs.

1.The District Collector, Theni District, Theni.

2.The Director (Generation), TANGEDCO 144, Anna Salai, Chennai 600 002.

3.The Chief Engineer Civil/Transmission, TANTRANSO 144, Anna Salai, Chennai 600 002.

4.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Limited, K.Pudur, Madurai-02.

5.Ramasamy Nayakkar 6.K.C.Xavier 7.Krishnaveni 8.Thiruvengadasamy 9.Krishnasamy 10.Pethi Nayakkar 11.Gopala Krishnan 12.Kuruvammal ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to act in accordance with Sections 67, 68 and 164 of the Electricity Act 2003 and Sections 10 and 16 of the India Telegraphic Act 1885 r/w Chapter II, Rule 4 of RFCTLARR Rules r/w Sections 23/23A of the RFCTLARR Act 2013 with respect to the lands of the respondents 5 to 12 based on our representation dated 04.11.2024 consequently directing the first respondent to facilitate the acquisition tower locations as per law and to fix an award/compensation under Section 26(1)(c) of the RFCTLARR Act within a time frame and for other suitable orders fixed by this Court. For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.C.Satheesh Government Advocate for R1 Mr.S.Deenadhayalan Standing counsel for R2 to R4

ORDER

Considering the limited scope of the relief sought for in the writ petition, with the consent of parties, the writ petition itself is taken up for final disposal. 2.The petitioner is the Managing Director of Eurus Helios Energy Infra Private Limited, an infrastructure company carrying on business in installation of towers in Theni District, after getting necessary approval from the second 2/4

respondent/Director (Generation) TANGEDCO. The petitioner has made a representation on 04.11.2024 to the first respondent/District Collector seeking facilitation of acquisition of tower locations in terms of Section 26(1)(c) of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, within a time frame. It is only this representation that the petitioner seeks expeditious disposal.

3.Considering the above, without going into the merits of the application of the petitioner, it would suffice, direction is issued to the first respondent to pass orders on the petitioner's representation dated 04.11.2024, within a period of twelve weeks from today.

4.With the above directions, this Writ Petition is disposed of. No costs. 10.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To The District Collector, Theni District, Theni.

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P.B.BALAJI , J.

sji 10.02.2025 4/4