Madras High Court
Shishir Goenka vs 6 The Assistant Executive ... on 10 February, 2021
W.A.No.679 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.679 of 2019
W.A.No.679 of 2019
Shishir Goenka ... appellant
Vs
1 The District Collector
Thiruvallur District. Thiruvallur.
2 Tamil Nadu Transmission Corporation Ltd.
(TANTRANSCO) 144 Anna Salai
Chennai 2
3 The Chief Engineer,
Tamil Nadu Transmission Corporation Ltd.
(TANTRANSCO) 144 Anna Salai Chennai 2
4 The Superintending Engineer
Tamil Nadu Transmission Corporation Ltd.
(TANTRANSCO) General Construction Circle -I
A-10 T.V.K.Industrial Estate. Chennai 32
5 The Executive Engineer,
Tamil Nadu Transmission Corporation Ltd.
transmission Line Construction General
Construction Circle -I A-10 T.V.K.
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W.A.No.679 of 2019
Industrial Estate. Chennai 32.
6 The Assistant Executive Engineer
NEER T. N Transmission Corporation Ltd.
Transmission line construction General
Construction Circle -I A-10 T.V.K.
Industrial Estate Chennai 32 ... respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 31.07.2017 passed in W.P.No.19501 of 2017 and WMP
No.21047 to 21049 of 2017
W.P.No.15996 of 2017
Anita Goenka ... petitioner
Vs
1 The District Magistrate and
District Collector Thiruvallur District
Thiruvallur.
2 Tamil Nadu Transmission Corporation Ltd.
144 Anna Salai, Chennai 600 002
3 The Chief Engineer
(TANTRANSCO) 144 Anna Salai Chennai 600 002
4 The Superintending Engineer
Tamil Nadu Tranmission Corporation Ltd.
General Construction Circle-I
A-10 T.V.K. Industrial Estate
Chennai 600 032
5 The Executive Engineer
Transmission Line Construction Tamilnadu
Transmission Corporation Ltd (TANTRANSCO)
A-10 Thiru-Vi-Ka-Industrial Estate
Chennai 600 032
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W.A.No.679 of 2019
6 The Assistant Executive
Engineer Tranmission line Construction
Tamil Nadu Transmission Corporation Ltd.
TANTRANSCO) A-10 Thiru-Vi-Ka Industrial
Estate Guindy Ch- 032 ... respondents
Writ petition filed under Article 226 of the Constitution of India
seeking a Writ of Certiorari calling for the records of the 1st
respondent in RC No. 6371 /2017/M2 dated 26.05.2017 and quash the
same as illegal arbitrary and against the principles of natural justice
so far as it relates to petitioners land in Survey Number 131/4.
For Appellant :: Mr.AR.L.Sundaresan,
Senior counsel,
for Mr.M.Kamalanathan
For respondents :: Mr.Abdul Saleem,
TANTRANSCO
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The appeal is of limited import. The only grievance of the
appellant is that the District Collector has not been directed to
assess the compensation due under Section 16 of the Telegraph
Act, 1885.
2. The respondent assessment company is represented. The
State is also represented.
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W.A.No.679 of 2019
3. The Tamil Nadu Transmission Corporation Ltd. does not
contest the appellant's contention that the compensation due to the
appellant must be assessed by the District Collector whereupon, if
the appellant is dissatisfied therewith, the appellant may move the
appellate authority for enhancing the quantum.
4. Accordingly, W.A.No.679 of 2019 is disposed of by directing
the District Collector, Thiruvallur District, to assess the
compensation due to the appellant for acquisition of the appellant's
land for setting up transmission towers. Such exercise should be
completed within a period of three months from date. In the event
the appellant is dissatisfied with the quantum awarded, the
appellant would be free to take appropriate steps in accordance with
law.
5. This order will also apply to W.P.No.15996 of 2017 since
the writ petitioner in such case is a co-owner along with the
appellant in W.A.No.679 of 2019 in respect of the same property.
The order impugned in W.A.No.679 of 2019 is modified accordingly.
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W.A.No.679 of 2019
6. W.P.No.15996 of 2017 is also disposed of. There will be no
order as to costs. Consequently, W.M.P.Nos.17284 to 17286 of
2017 and C.M.P.No.5541 of 2019 are closed.
(S.B., CJ.) (S.K.R., J.)
10.02.2021
Index : Yes/No
tar
To:
1 The District Collector, Thiruvallur District.
2 Tamil Nadu Transmission Corporation Ltd.
144 Anna Salai, Chennai 2
3 The Chief Engineer,
Tamil Nadu Transmission Corporation Ltd.
144 Anna Salai Chennai 2
4 The Superintending Engineer
Tamil Nadu Transmission Corporation Ltd.
General Construction Circle -I
A-10 T.V.K.Industrial Estate. Chennai 32
5 The Executive Engineer,
Tamil Nadu Transmission Corporation Ltd.
transmission Line Construction General
Construction Circle -I A-10 T.V.K.
Industrial Estate. Chennai 32.
6 The Assistant Executive Engineer
NEER T. N Transmission Corporation Ltd.
Transmission line construction General
Construction Circle -I A-10 T.V.K.
Industrial Estate Chennai 32
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https://www.mhc.tn.gov.in/judis/
W.A.No.679 of 2019
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(tar)
W.A.No.679 of 2019
10.02.2021
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https://www.mhc.tn.gov.in/judis/
