Kaliraj v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Kaliraj ... Petitioner vs.

1. The Secretary, Ministry of New and Renewable Energy Atal Akshay Vija Bhawan, CGO Complex, Lodhi Road, New Delhi.

2. The Chairman and Managing Director, NTPC Bhawan, Scope Complex, Institutional Area, Ladhi Road, New Delhi.

3. George Thomas, AGM and Business Unit Head, Ntpc - Ettayapuram Solar Pv Project, Ettayapuram, Thoothukudi District.

4. The Executive Director, L and T Company, No.17-C, Theppakulam Street, Ettayapuram Road, Thoothukudi District.

5. Kannan

6. The District Collector, Thoothukudi District.

...Respondents

[This Court suo motu impleaded the 6th respondent vide order of this Court, dated 01.07.2025] 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to remove the HT power line was laid by the 4th and 5th respondent through the middle part of the petitioner's Agricultural land in Sr. No.76/3 in extent of 128 cents at Kumaragiri Village, Ettayapuram Taluk, Thoothukudi District, with compensation.

For Petitioner : Mr.M.M.Manivelpandian For R1 : Mr.M.Karthikeya Venkatachalapathy For R2 and R3 : Mr.P.S.Sundaram For R4 : Mr.Jayesh & Dolia, Senior Counsel, for Aiyar & Dolia For R5 : Mr.V.Veerapandian, for M/s.Vastlaw Associates, For R-6 : Mr.M. Lingadurai, Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to remove the HT power line laid by the 4th and 5th respondents through the middle part of the petitioner's Agricultural land with compensation.

2. Since the District Collector, Thoothukudi District, is a necessary party to this writ petition, this Court has suo motu impleaded the District Collector as the 6th respondent.

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3. It is seen from the records that the petitioner had entered into an agreement with the 5th respondent for the erection of an HT tower. However, the agreement was not acted upon due to a dispute between the parties, and consequently, no tower was erected on the petitioner's land.

4. The learned counsel for the petitioner submitted that the petitioner is entitled to compensation as per G.O.Ms.No.86, dated 30.10.2019.

5. Considering the facts of the case, the petitioner is directed to submit an application before the District Collector, Thoothukudi District/6th respondent herein, within a period of two weeks from the date of receipt of copy of the order. The District Collector shall issue notice to the petitioner as well as the respondents 3, 4 & 5, thereafter shall conduct enquiry and quantify the compensation. The parties shall act as per order of the 6th respondent herein. The District Collector, Thoothukudi District shall pass an appropriate orders, within a period of four weeks, therefrom.

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6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6

To:

1. The Secretary, Ministry of New and Renewable Energy Atal Akshay Vija Bhawan, CGO Complex, Lodhi Road, New Delhi.

2. The Chairman and Managing Director, NTPC Bhawan, Scope Complex, Institutional Area, Ladhi Road, New Delhi.

3. George Thomas, AGM and Business Unit Head, Ntpc - Ettayapuram Solar Pv Project, Ettayapuram, Thoothukudi District.

4. The Executive Director, L and T Company, No.17-C, Theppakulam Street, Ettayapuram Road, Thoothukudi District.

5. The District Collector, Thoothukudi District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :01.07.2025 6/6