M.Vellappan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.7360 of 2025
1. M.Vellappan
2. V.Venuraj ... Appellants vs.
1. The District Collector, Tiruchirappalli District,
2. The Chief Engineer, NPKRR Maaligai, No.114, Anna Salai, Chennai 600 002.
3. The Chief Engineer, Transmission Project - II,
4. The Superintending Engineer - GCC, Page No.1 of 6
5. The Executive Engineer - TLC,
6. The Assistant Executive Engineer - TLC,
7. The Assistant Engineer - TLC, ... Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 08.04.2025 made in W.P(MD)No.9925 of 2025.
For Appellants : Mr.A.Robinson for Mr.S.Senthil For R1 : Mr.S.S.Madhavan Additional Government Pleader For R2 to R7 : Mr.S.Deenadhayalan Page No.2 of 6
JUDGMENT
(Judgment of the Court was made by S.SRIMATHY, J.) This writ appeal is filed against the order dated 08.04.2025 made in W.P(MD)No.9925 of 2025.
2.
The writ petition is filed challenging the District Collector's order dated 27.03.2025 with the consequential relief to re-align the high tension tower line through the Government poramboke land. 3.
After hearing the rival contentions, the writ petition was disposed of for taking compensation. Aggrieved over the same, the present writ appeal is filed.
4.
Since it is a high tension tower line, the respondents are having powers to invoke the Telegraph Act, 2023, and by taking orders from the District Collector for enter upon the land in question, they can erect high tension powers. There are several judgments where it has been held that re-alignment cannot be considered by any authorities, including the District Collector, since the alignment is based on several Page No.3 of 6
aspects including water, hills and other natural impediments. Therefore, re-alignment is not possible. The only remedy is paying compensation. The Writ Court has directed to grant compensation to the appellants/writ petitioners. However, the same is not quantified. Therefore, the appellants ought to approach the District Collector for compensation. The appellants are directed to submit an application to the 1st respondent/District Collector seeking compensation within a period of three weeks from the date of receipt of a copy of this judgment. Thereafter, the District Collector shall assess the damage incurred by the appellants and award compensation. The order shall be passed within a period of eight weeks thereafter. If any compensation is fixed, the respondents are directed to pay the same to the appellants at the earliest.
5.
With the above direction, the Writ Appeal is disposed of. No costs. Connected miscellaneous petition is closed. [J.N.B, J.] [S.S.Y, J.] 30.04.2025 Index : Yes / No bala Page No.4 of 6
To
1. The District Collector, Tiruchirappalli District,
2. The Chief Engineer, NPKRR Maaligai, No.114, Anna Salai, Chennai 600 002.
3. The Chief Engineer, Transmission Project - II,
4. The Superintending Engineer - GCC,
5. The Executive Engineer - TLC,
6. The Assistant Executive Engineer - TLC, Page No.5 of 6
J.NISHA BANU, J.
AND S.SRIMATHY, J.
bala
7. The Assistant Engineer - TLC, JUDGMENT MADE IN DATED : 30.04.2025 Page No.6 of 6