K.Kavitha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI K.Kavitha : Petitioner Vs.

1.The District Collector, Madurai.

2.The Special District Revenue Office, (Land Acquisition National Highways), Madurai.

3.The Project Director, The Department of National Highways, Surya Towers 2nd Floor, K.K. Nagar, Madurai.

4.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO), K.Pudur, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to 1/5

pay compensation for the entire extent of land utilized for shifting the high-tension electric tower in the S.No.47/5B1 measuring 4.90 Ares at Thamaraipatti Bit - II Village, Madurai East Taluk and Madurai District based on the petitioner's representation dated 21.05.2024.

For Petitioner : Mr.H.Arumugam For Respondents 1 & 2 : Mr.S.Kameswaran, Government Advocate For Respondent No.3 : Mr.P.Karthick For Respondent No.4 : Mr.S.Deenadhayalan

O R D E R

The petitioner seeks issuance of a Writ of Mandamus, seeking compensation for the entire extent of land that has been utilised for shifting high tension electric tower in S.No.47/5B1 measuring 4.90 Ares at Thamaraipatti Bit - II Village, Madurai East Taluk and Madurai District.

2.The grievance of the petitioner is that in the process of acquiring lands, the high tension electric tower has been shifted inside the petitioner's property. The petitioner has therefore, sought for adequate compensation being paid. However, the acquisition authority namely the National Highways has shifted the onus on the fourth respondent, by whom the project is undertaken. Therefore, learned Counsel requests for compensating the petitioner in respect 2/5

of the lands that has been lost by him, in view of the shifting of the high tension electric tower inside his property. 3.Learned Standing Counsel for the fourth respondent would submit that the petitioner's representation would be considered on merits and in accordance with law, within a period of eight [8] weeks.

4.It is fairly conceded by the learned Standing Counsel that in the event of the petitioner being entitled to any compensation, the same shall be payable only by the second and third respondents and not by the fourth respondent.

5.Accordingly, this Writ Petition is disposed of, with a direction to the respondents 2 and 3 to pass orders on the petitioner's representation dated 21.05.2024, within a period of eight [8] weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

17.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Collector, Madurai.

2.The Special District Revenue Office, (Land Acquisition National Highways), Madurai.

3.The Project Director, The Department of National Highways, Surya Towers 2nd Floor, K.K. Nagar, Madurai.

4.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO), K.Pudur, Madurai.

4/5

P.B.BALAJI.

, J.

MR 17.03.2025 5/5