In this writ petition, the petitioner sought compensation for land and crop damage utilized for an electric tower. The court directed the respondents to quantify and disburse the compensation within eight weeks.
Petitioner to be paid full compensation under Section 10 of the Indian Telegraph Act, 1885, within eight 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.
W.P. No.3912 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM: JUSTICE N.SESHASAYEE
W.P. No.3912 of 2021
A.Neelavathi
... Petitioner
Vs.
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W.P. No.3912 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the 1st to 6th respondents to disburse the full compensation under Section 10(d) of the Indian Telegraph Act, 1885 for the land used to erect the Electric Tower over the petitioner's agricultural land in Survey No.39/2A, Patta No.507, situated at Athiyur Village, Sankarapuram Taluk, Kallakurichi District by considering petitioner's compensation applications dated 31.08.2020 and 19.11.2020.
For Petitioner : Mr.J.Agni Selvaraju
For Respondents : Mr.M.Bindran, AGP for R1, R7 and R8 Mr.D.R.Arunkumar, Stdg. Counsel for TANGEDCO for R2 to R6
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W.P. No.3912 of 2021
O R D E R
The petitioner is yet to be paid necessary compensation under Section 10 of the Telegraph Act for the utilisation of his land and also for the crops occasioned to damage during the installation of a HT tower.
11.07.2023
Asr
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W.P. No.3912 of 2021
To
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W.P. No.3912 of 2021
Ariyalur Village & Post Sankarapuram Taluk Kallakurichi District
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W.P. No.3912 of 2021
N.SESHASAYEE, J.,
Asr
W.P. No.3912 of 2021
11.07.2023
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3 issues framed by the court
Whether the writ petition filed under Article 226 of the Constitution of India for directing the respondents to pay compensation for the utilization of the petitioner's land.
Whether a personal hearing is required for quantifying compensation before the authorities.
Whether the compensation for land and crop damage used for an electric tower should be disbursed within eight weeks.
3 provisions across 2 enactments
A.Neelavathi
The District Collector, Kallakurichi District
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)
Tamil Nadu Transmission Corporation Ltd. (TANTRANSCO)
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
