Madras High CourtWP(MD)/5502/2021disposed of

Sakthivel.P v. The Dist Collector

2023-09-22Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 5502 of 2021 P.Sakthivel ...

Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Musiri Madurai District.

3.The Tahsildar, Thuraiyur Taluk, Thuraiyur, Trichy District.

4. The Chief Manager, Power Grid Corporation Private India Limited. ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus or any other writ, order or direction or order in the 1/5

nature of a writ directing the 1st Respondent to fix appropriate compensation in favour of the petitioner for the removal of coconut trees by the 4th Respondent situated in S.No.289, Vairichettipalayam Village, Thuraiyur Taluk, Trichy District in terms of section 16 of Indian Telegraph Act, 1885. For Petitioner : Mr.A.Srinivasan For Respondents : Mr.A.K.Manikkam Special Government Pleader for R1 to R3 : No Appearance for R-4

ORDER

This writ petition is filed for Writ of Mandamus directing the 1st Respondent to fix appropriate compensation for removal of coconut trees by the 4th Respondent situated in S.No.289, Vairichettipalayam Village, Thuraiyur Taluk, Trichy District in terms of section 16 of Indian Telegraph Act, 1885.

2. Heard Mr.A.Srinivasan, the Learned counsel appearing for the petitioner, Mr.A.K.Manikkam, the Learned Special Government Pleader appearing for the respondents 1 to 3 and perused the material documents available on record.

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3. The 4th respondent has executed a project of developing High Tension line. While doing so, the 4th respondent had caused damages to the petitioner's coconut trees. Therefore, the 4th respondent is bound to pay compensation. However, without ascertaining the damages, the compensation cannot be disbursed.

4. Therefore, the respondents are directed to consider the petitioner's case as per Law. After issuing notice to the petitioner as well as the 4th respondent enquiry shall be conducted, thereafter, pass an order, within a period of Eight weeks, from the date of receipt of a copy of the order.

5. With these observations and directions, this Writ Petition is disposed of. No Costs.

Index : Yes / No 22.09.2023 Internet : Yes ksa 3/5

To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Musiri Madurai District.

3.The Tahsildar, Thuraiyur Taluk, Thuraiyur, Trichy District.

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S.SRIMATHY. J ksa Order made in W.P.(MD)No. 5502 of 2021 22.09.2023 5/5