In a petition under Article 226 concerning High Tension electric lines on petitioner's land, the Madurai Bench of the Madras High Court disposed of the writ petition primarily addressing the claim for compensation.
Writ petition disposed; liberty granted to file an application for compensation before the First Respondent within twelve weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2019
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
WP(MD)No.2665 of 2019 and WMP(MD)No.2016 of 2019
M.Chandrasekaran ... Petitioner Vs.
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 28.01.2019 and consequently direct the respondents to pay adequate compensation to the petitioner considering the petitioner's ground reality.
For Petitioner : Mr.V.Muthumani For Respondents : Mr.S.M.S.Johnny Basha for R2 to R5 Mr.M.Rajarajan, Government Advocate for R1
ORDER
Heard the learned counsel on either side.
https://hcservices.ecourts.gov.in/hcservices/ 2.Over the petitioner's land, high tension election lines have been drawn. The petitioner claims that he has been put to injury
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and damage as a result. The petitioner therefore gave a representation dated 28.01.2019 seeking shifting of the said electric lines. The writ petitioner also wants adequate compensation in this writ petition. But, in the writ petitioner's representation, there is no such prayer.
3.In any event, it is only the first respondent who is the competent authority to decide the issue of compensation. Therefore, while disposing this writ petition, liberty is given to the petitioner to file appropriate application before the first respondent. As and when the petitioner files such an application, the first respondent shall dispose of the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (T&P)
/True Copy/
Sub Assistant Registrar
To
The District Collector, Pudukkottai District, Pudukkottai.
+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-47855[F] dated 18/02/2019 )
SKM
DS : 27/03/2019 : 2P/3C
WP(MD)No.2665 of 2019 and WMP(MD)No.2016 of 2019 18.02.2019
M. Chandrasekaran
The District Collector, Pudukkottai District
The Superintendent Engineer, General Construction Circle, TNEB, Trichy
The Superintendent Engineer, TANGEDCO, Pudukkottai District
The Assistant Executive Engineer, Towerline Construction, TNEB, Pudukkottai District
The Executive Engineer, TANGEDCO, Pudukkottai District
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
