Madras High CourtWP(MD)/21244/2014disposed of

Gnanachandiran,S/O.(Late) v. The District Collector

2023-09-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2014 Gnanachandiran ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The Superintending Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, S.S.Complex, Near to Oriental School, Anna Nagar, Dindigul.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay compensation to the petitioner a sum of Rs.19,50,000/- and consequently direct the first respondent initiate legal action against the erred officials involving in the ransacked in the petitioner's agricultural land in Survey No.372/5 of P.Viralipatti Village, Bhatlagundu, Nilakottai Taluk, Dindigul District. 1/4

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R.1 Mr.S.Dheenadhayalan Standing Counsel for R.2

ORDER

Heard both sides.

2. The case of the petitioner is that on account of drawing of overhead lines on his patta land, he was put to huge loss.

3. The stand of the respondents is that the damage suffered by the petitioner was quantified and a sum of Rs.1,86,200/- (Rupees One Lakh Eighty Six Thousand and Two Hundred only) was offered but the petitioner declined to receive the same. Seeking higher compensation, the present writ petition came to be filed.

4. Since disputed question of facts are involved, the writ Court will not competent to go in the same. The second respondent is directed to pay a sum of 2/4

Rs.1,86,200/- (Rupees One Lakh Eighty Six Thousand and Two Hundred only) to the petitioner. The petitioner may receive the same without prejudice to his right to demand higher compensation. The petitioner is given liberty to institute appropriate proceedings under Section 16 of the Telegraph Act. If such proceeding is filed within a period of eight weeks from the date of receipt of a copy of this order, limitation will not be raised against the petitioner. The learned jurisdictional District Judge shall dispose the same on merits and in accordance with law within a period of eight months thereafter. I make it clear that I have not gone into the merits of the matter.

5. With this liberty to the writ petitioner and direction to the second respondent, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 22.09.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Dindigul District, Dindigul.

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G.R.SWAMINATHAN, J.

MGA 2.The Superintending Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, S.S.Complex, Near to Oriental School, Anna Nagar, Dindigul.

and M.P(MD)No.1 of 2014 22.09.2023 4/4