Madras High CourtWP(MD)/13302/2016disposed of

Niranjana v. The Chairman

2016-07-28Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).Nos.13302, 13365 and 13379 of 2016 Niranjana .. Petitioner in W.P.(MD).13302/2016 Savarimuthu .. Petitioner in W.P.(MD).13365/2016 Amaladass .. Petitioner in W.P.(MD).13379/2016 Vs.

1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2.

2.The Superintedent Engineer, Tamil Nadu Electricity Board, Sivagangai, Sivagangai District.

Respondents in all petitions Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider the petitioners' representation dated 16.12.2015, to pay compensation for acquiring their land for installing the Electric Tower in their agricultural patta land in Survey Nos.77/6A(64 cents),77/6B(74 cents) & 77/3B1 (38 Cents) and 77/3B2 (38 cents) respectively, at Kurunthani Varienthal Village Group, Kalayarkoil Taluk, Sivagangai District. For petitioner : Mr.V.Kannan in all petitions For Respondents : Mr.S.Srimathy in all petitions COMMON ORDER These writ petitions have been filed by Ms.Niranjana, Mr.Savarimuthu and Mr.

Amaladass with a common prayer, seeking issuance of a Writ of Mandamus, directing the Chairman, Tamilnadu Electricity Board and the Superintendent Engineer, Tamilnadu Electricity Board, Sivagangai, to consider their representation, dated 16.12.2015, wherein, they sought for payment of compensation for having acquired their agricultural Patta land in Survey https://hcservices.ecourts.gov.

Nos.77/6A(64 cents), 77/6B(74 cents)& 77/3B1(38 Cents) and 77/3B2 (38 cents) respectively, for installing a Heavy Electrical Distribution Tower.

2.According to the petitioners, they are cultivating their agricultural lands twice in a year, apart from grazing their cattles, and thereby, earning their livelihood, while so, since the respondents installed Electricity Towers in the interior portion of their land, they are not able to cultivate the lands by using tractor and other machineries, thereby, a prime portion of the lands is rendered un-utilised. Their grievance is, though they have given a representation, dated 16.12.2015, to the respondents seeking compensation, till date, the same is not disposed of, hence, they have come to this Court.

3. Ms.S.Srimathy, learned counsel, who takes notice for the respondents, would submit that the pending representation will be considered on merits, if six weeks' time is given to the respondents.

4. Recording the statement made by the learned counsel appearing for the respondents, this Court directs the second respondent/Superintendent Engineer, Tamilnadu Electricity Board, Sivagangai, being the competent authority, to consider the representation of the petitioners, dated 16.12.2015, and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, these writ petitions are disposed of. No Costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2.

2.The Superintedent Engineer, Tamil Nadu Electricity Board, Sivagangai, Sivagangai District.

+ 3 CC TO Mr.V.KANNAN, ADVOCATE IN SR No. 40697, 40696, 40695 PJL TE/DB : 23/09/2016 : 2P/6C W.P(MD).Nos.13302,13365 and 13379 of 2016 28.07.2016 https://hcservices.ecourts.gov.in/hcservices/