Nagarajan.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.25639 of 2022 P.Nagarajan ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Madurai District, Madurai.

2.The Executive Engineer/Civil, 765, K.V./EB Transmission, Tamil Nadu Transmission Corporation Limited, TANTRANSO, Virudhunagar.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner dated 18.09.2022 within the time stipulated by this Court.

For Petitioners : Mr.S.Ramsundarvijayaraj For R1 : Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of writ of Mandamus to direct the first respondent to consider the representation of the petitioner dated 18.09.2022 within the time stipulated by this Court. 1/4

2.It is the case of the petitioner that the lands of the petitioner were taken by the Executive Engineer of Tamil Nadu Transmission Corporation Limited, Virudhuanagar to start the civil work of 765 kv tower line without any consent or show cause notice to the petitioner. The second respondent has issued two cheques to the tune of Rs.9,95,000/- to the petitioner. But the land that were acquired by the petitioner cost more. Hence, seeking enhancement of compensation, the petitioner made a representation to the first respondent. But the same is still pending without consideration. 3.The learned Special Government Pleader appearing for the official respondents submitted that the enquiry on the representation made by the petitioner is still pending and the same will be disposed within a short time. 4.Heard the learned counsel appearing on either side. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

5. No prejudice would be caused to the respondents, if the petitioner's representation is disposed of, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner. 2/4

6. Accordingly, this Court directs the first respondent to dispose of the representation, dated 18.09.2022 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

11.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The District Collector, Office of the Collectorate, Madurai District, Madurai.

2.The Executive Engineer/Civil, 765, K.V./EB Transmission, Tamil Nadu Transmission Corporation Limited, TANTRANSO, Virudhunagar.

Order made in W.P.(MD) No.25639 of 2022 11.11.2022 4/4