Madras High CourtWP(MD)/9858/2025disposed of

Keesagan v. The Principal Secretary / Chairman And Managing Director

2025-04-08Honourable Mr.Justice Vivek Kumar Singh8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Keesagan : Petitioner Vs.

1. The Principal Secretary / Chairman and Managing Director, TANGEDCO, NPKRR Maaligai, 144, Annasalai,

2. The District Collector,

3. The Superintending Engineer, General Construction Circle, Race Course Road, Madurai.

4. The Executive Engineer / Civil, 765, K.V. Electricity Transmission Scheme, Virudhunagar, 1/8

5. The Superintending Engineer, Electricity Distribution Circle, Virudhunagar,

6. The Revenue Divisional Officer, Sathur,

7. The Superintending Engineer, Tamil Nadu Transmission Corporation Limited, Through its M/s. Kalpatraru Projects, International Limited,

8. The Superintendent of Police, Virudhunagar,

9. The Tahsildar, Virudhunagar Taluk,

10. The Village Administrative Officer, Pattampudur Village, Virudhunagar Taluk,

11. The Joint Director, Horticulture Department, Virudhunagar.

12. The Joint Director, Agriculture Department, Virudhunagar.

: Respondents 2/8

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 to restore the possession of the illegally acquired landed properties to the petitioner comprised in Survey Nos. 132/8, 139/1, 139/2 situated at Pattampudur Village, Virudhunagar District and on necessity the said property be acquired for the purpose of the Government of Tamil Nadu Proposed to initiate an Electricity Development Scheme by installing electricity No.

765/400/230 capacitated substation to be installed in Pattampudur Village, Virudhunagar Taluk, Virudhunagar District for transmission of the electricity to the Sub Station at Coimbatore by following due process of law after payment of compensation to the petitioner at the prevailing market rate price, based on the petitioner's representation dated 06.01.2025 to the respondents. For Petitioner : Mr. S. Maya Perumal For Respondents : Mr.C.Venkatesh Kumar Spl. Government Pleader for R2,R6,R9 to R12 Mr.S.Deenadhayalan Standing Counsel for R1, R3, R4, R5, R7 Mr.K.Gnanasekaran Government Advocate (Crl.)

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 5 to restore possession of the acquired land (Survey Nos. 132/8, 139/1, and 139/2) at Pattampudur Village, Virudhunagar District and if necessary, acquire the property for the proposed Electricity Development Scheme, following due process of law, with compensation at the prevailing market rate, based on the petitioner's representation dated 06.01.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner claims to be the owner of the subject land, which has been acquired for the installation of towers. The petitioner's grievance is that due to the deviated installation of the towers, a larger extent of the petitioner's land has been affected. Additionally, it is alleged that no compensation has been paid to the petitioner. In this regard, the petitioner submitted a representation dated 06.01.2025 to the 4/8

respondents, requesting rectification of the wrong deviated installation of the towers and payment of compensation. However, as no action has been taken, the petitioner has now filed the present writ petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 06.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all the other persons, who may be interested in the subject matter, within a period of six weeks from the date of receipt of a 5/8

copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 08.04.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Principal Secretary / Chairman and Managing Director, TANGEDCO, NPKRR Maaligai, 144, Annasalai,

2. The District Collector,

3. The Superintending Engineer, General Construction Circle, Race Course Road, Madurai.

4. The Executive Engineer / Civil, 6/8

765, K.V. Electricity Transmission Scheme, Virudhunagar,

5. The Superintending Engineer, Electricity Distribution Circle, Virudhunagar, Virudhunagar District.

6. The Revenue Divisional Officer, Sathur, Virudhunagar District.