K.M.Venkatachalamurthy v. The District Collector
Case brief
What is this about?
The High Court held that filing a Writ Petition to enhance electricity compensation without first exhausting the statutory appeal under the Indian Telegraph Act is not sustainable. The petition was disposed of with liberty to approach the District Judge.
What did the court decide?
Liberty granted to approach the jurisdictional District Judge under Section 16(3) of the Indian Telegraph Act for enhancement of compensation; period pending excluded for limitation.
What the court decided
W.P.No.1518 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.1518 of 2022
K.M.Venkatachalamurthy
...Petitioner
Vs.
- The District Collector, Erode District, Erode.
- The Executive Engineer, Tamilnadu Electricity Board (Tower Line Construction), Kamaraj Nagar, Athur Bye-pass road, Udayarpatti, Salem – 14.
- The Assistant Executive Engineer, Tamilnadu Electricity Board (Tower Line Construction), Mettur, Salem District. ...Respondents
Issues for consideration
3 issues framed by the court
Whether a Writ Petition under Article 226 can be filed to enhance electricity compensation without exhausting the statutory appeal remedy under Section 16(3) of the Indian Telegraph Act.
Whether the impugned order dismissing the compensation claim should be set aside or if the petitioner should be directed to approach the statutory remedy.
How to handle the question of limitation while the petitioner is granted liberty to file an appeal.
Parties & counsel
- petitioner
K.M.Venkatachalamurthy
- respondent
The District Collector, Erode District
- respondent
The Executive Engineer, Tamilnadu Electricity Board
- respondent
The Assistant Executive Engineer, Tamilnadu Electricity Board
Coram
Case details
As recorded by the court registry
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