Madras High CourtWP(MD)/17829/2015disposed of

Andiyappan v. The District Collector

2021-01-08Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)NO.17829 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17829 of 2015 and M.P.(MD)No.1 of 2015 Andiyappan ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Sivagangai District.

2. The Assistant Divisional Engineer, T.N.Electricity Board, Kalayarkovil Post and Taluk, Sivagangai District.

3. The Manager, L&T Construction P.Ltd., K.A.K.T.L Kalakanmoi Post, Natarajapuram Via, Sivagangai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 and 3 for not to construct any pillar or post in petitioner's 1 Acre and 11 cents patta land situating in Survey No.77/7 and in the 3 Acres and 62 cents patta land belong to his wife in Survey No.115/1A in Kurunthani Variyenthal Village Group, Kalayarkoil Taluk, Sivagangai District within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Ms.M.Parameshwari for Mr.S.M.S.Johnny Basha for R2 : Mr.M.Rajarajan Additional Government Pleader for R1

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to restrain the respondent board from erecting any pillar or post in the petition mentioned https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)NO.17829 of 2015 lands. The writ petition was filed way back in September, 2015. We are now in January, 2021. The learned standing counsel appearing for the respondent board states that the work of erection and the drawal of lines was completed long ago. If that be so, the petitioner ought to be paid appropriate compensation. It is not known as to whether any compensation was paid or not. The petitioner's counsel does not appear to have clear instructions. If the petitioner has not been paid compensation so far, it is for the petitioner to move the first respondent by filing a representation in this regard. The said representation to be filed by the petitioner shall be considered and appropriate compensation will be paid to the petitioner herein within a period of eight weeks from the date of receipt of copy of this order.

2.With this direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) skm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The District Collector, Office of the District Collector, Sivagangai District.

2. The Assistant Divisional Engineer, T.N.Electricity Board, Kalayarkovil Post and Taluk, Sivagangai District.

+1 CC to M/s.GP ( SR-796[F] dated 11/01/2021 ) W.P.(MD)No.17829 of 2015 08.01.2021 kg(CO) TR(08.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2