Valarmathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN,J.

W.P.(MD) No.24912 of 2016 Valarmathi ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, K.Pudur, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus direct the respondents to consider the petitioner's representation, dated 10.03.2014 for granting compensation for the drawing 400kv high Voltage Electric Towers in the petitioner's patta land in S.Nos.67/1B1, 67/1B2A, 65/4A situated at Kovilangulam Village, Aruppukottai Taluk, Virudhunagar District for transmitting wind energy from Kayatharu to Karaikudi.

For Petitioner :Mr.V.Perumal For Respondents :Mr.S.Sathish Kumar for R1 Additional Government Pleader Mr.Kasinathadurai for R2

O R D E R

The petitioner has come forward with this petition for a Mandamus directing the respondents to consider his representation, dated 10.03.2014.

2. The case of the petitioner is that she owned land in S.Nos.67/1B1, 67/1B2A and 65/4A situated at Kovilangulam Village, Aruppukottai Taluk, Virudhunagar District, abutting the National High Way No.45B connecting between Thoothukudi and Madurai. While so, the second respondent has executed the project of drawing 400KV High Voltage Electric Tower lines to transmit the Wind Energy Generator from Kayatharu, Tirunelveli District, to Karaikudi. The second respondent has erected a Tower line https://hcservices.ecourts.gov.in/hcservices/

measuring 30mt x 3mt and has taken away 90 sq.mt of land for erecting Towers, thereby the petitioner loosing an extent of 1080 sq.mt., for which the second respondent has issued a cheque for Rs.47,000/- as compensation. However, the petitioner, submitted a representation in person on 10.03.2014 to the second respondent to pay full compensation stating that the compensation awarded is very low. Since the second respondent has not pass any orders on the representation, the petitioner has come forward with the present petition.

3. In view of the above, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner, dated 10.03.2014, on merits and in accordance with law, and pass orders, within a period of 4 weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, K.Pudur, Madurai.

+1 CC to Mr.V.PERUMAL, Advocate, SR No.83627 +1 CC to Mr.G.KASINATHA DURAI, Advocate, SR No.83384 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.83599 W.P.(MD) No.24912 of 2016 23.12.2016 jikr SH/GSV-SV:11.01.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/