Kavitha, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.05.2018
CORAM
THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.11092 of 2016 Kavitha ... Petitioner -Vs1. The District Collector, Dindigul District, Dindigul.
2. The Superintending Engineer, Transmission Line Construction, Tamil Nadu Generation and Distribution Corporation Ltd., K.Pudur, Madurai.
3. Assistant Superintending Engineer, Transmission Line Construction, Tamil Nadu Generation and Distribution Corporation Ltd., Dindigul.
...Respondents
Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to shift the Electricity Hypertension Line from Sempatti 230KV substation to Karaikudi 400KV substation passing through the petitioner's property in Survey No.586/2, Patchamalayan Kottai Village, Nilakottai Taluk, Dindigul District based on the first respondent proceedings in Ne.Mu.No.33428/2012(C3) dated 27.12.2012.
For Petitioner : Mr.RM.Arun Swaminathan For R-1 : Mr.M.Jeyakumar Additional Government Pleader For R-2 & R-3 : Mrs.S.Srimathy Standing Counsel
O R D E R
The writ petitioner is seeking a direction to the Electricity Board to shift the Electricity Hypertension Line running over her property.
2. As per the directions of this Court, the first respondent / District Collector, Dindigul District, conducted an enquiry and directed the Electricity Board to shift the route of the Hypertension Line, in alternative, to pay compensation for the house and coconut trees on or before 31.03.2013.
3. The learned Standing counsel appearing for the Electricity Board would submit that the electrical lines were already erected and power supply is transmitted through the Hypertension Line. https://hcservices.ecourts.gov.in/hcservices/
There is no feasibility of re-aligning the route and it has been specifically expressed before the District Collector, Dindigul District. If at all the petitioner has any grievance, she can claim compensation for her house and coconut trees.
4. I have considered the rival submissions.
5. Admittedly, the Hypertension Line runs over the property of the petitioner and she is entitled to get compensation for the same. Hence, the petitioner is directed to approach the first respondent / District Collector, Dindigul District, claiming compensation from the second and third respondents. The first respondent is directed to assess the quantum of compensation. On such assessment, the second and third respondents are directed to pay the same to the petitioner. Such exercise shall be completed within three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Dindigul District, Dindigul.
2. The Superintending Engineer, Transmission Line Construction, Tamil Nadu Generation and Distribution Corporation Ltd., K.Pudur, Madurai.
3. Assistant Superintending Engineer, Transmission Line Construction, Tamil Nadu Generation and Distribution Corporation Ltd., Dindigul.
+1cc to Mr.RM.Arun Swaminathan, Advocate Sr.No.65315 +1cc to Mr.S.M.S.Johny Basha, Advocate Sr.No.65317 SM/PM VB/RSK/SAR3/17/05/2018/2P/6C W.P.(MD)No.11092 of 2016 10.05.2018 https://hcservices.ecourts.gov.in/hcservices/