High Court dismissed a Writ Petition challenging the erection of power transmission towers on agricultural land. The Court held that since compensation was already paid and towers erected, the petition is not maintainable before this Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.32473 of 2019 and W.M.P.No.32796 of 2019
N. SubbarayaGounder .. Petitioner
Vs. 1. The Collector, Tiruppur District, Tiruppur. 2. The Deputy General Manager, Power Grid Corporation of India Limited, Coimbatore Main Road, K. Paramathi Road, Karur 639 111. 3. The Superintendent of Police, Tiruppur District, Tiruppur. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forebearing the respondents from erecting tower lines in the petitioner's agricultural land situated in S.No.461/1 to the extent of 0.87.00 Hectare of Kolumanguli Village, Dharapuram Taluk for the project of establishment of 400 KV DC Line with Quad HVDC connecting Pugalur High Tension Power Station and Arasur Electrical Terminus without due process of law.
| For Petitioner | : S. Doraiswamy |
|---|---|
| For Respondents | : Mr.P. Gurunathan, |
| Additional Government Pleader | |
| for R1 & R3 | |
| For 2ndRespondent | : Mr. V. Kalyanaraman for |
| M/s. Aiyar & dolia for R2. |
O R D E R
The petitioner has filed this petition under Article 226 of the Constitution of India to issuea Writ of Mandamus forebearing the respondents from erecting tower lines in the petitioner's agricultural land situated in S.No.461/1 to the extent of 0.87.00 Hectare of Kolumanguli Village, Dharapuram Taluk for the project of establishment of 400 KV DC Line with Quad HVDC connecting Pugalur High Tension Power Station and Arasur Electrical Terminus without due process of law.
petitioner, filing of the Writ Petition cannot be entertained. Hence, the prayer sought for by the petitioner cannot be acceded to. If at all the petitioner is aggrieved by the compensation amount, for enhancement of compensation, the petitioner is at liberty to work out his remedy in the manner known to law.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
NHS
To
+1cc to M/s.Aiyar & Dolia, Advocate, S.R.No.64448
+1cc to the Government Pleader, S.R.No.64856
+1cc to M/s.S.Doraisamy, Advocate, S.R.No.64570 RN(22/03/2021)
W.P.No.32473 of 2019 and W.M.P.No.32796 of 2019
CA(CO) SU(04/01/2022)
1 issue framed by the court
Whether a Writ Petition regarding the erection of tower lines on agricultural land without due process is maintainable after compensation has been paid.
N. SubbarayaGounder
The Collector, Tiruppur District
The Deputy General Manager, Power Grid Corporation of India Limited
The Superintendent of Police, Tiruppur District
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
