Madras High Court
M.Seetharaman vs The District Collector on 3 March, 2021
W.A.(MD)No.960 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.960 of 2020 and
CMP(MD) No.5227 of 2020
M.Seetharaman :Appellant
Vs.
1.The District Collector
Tuticorin
Tuticorin District
2.The Deputy Tahsildar,
Ottapidaram 628 213
Tuticorin District.
3.M/s.Vestas Wind Technology India private Ltd.,
No.3/370 Old No.148
Rajiv Gandhi Salai
Thuraipakkam
Chennai
4.M/s.Vivid Solaire Energy Private Limited,
Rep. by its Authorised Signatory,Raju Parmer,
1st Floor, Orchid Centre,
Gold Course Road,
Sector 53, Gurugram 122 022
Haryana : Respondents
1/5
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W.A.(MD)No.960 of 2020
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.23921/2019 dated 15.09.2020.
For Appellant : Mr.K.Chinraj
For Respondents : Mrs.J.Padmavathi Devi
Special Government Pleader for RR1&2
Mr.B.Saravanan for R4
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant aggrieved over the
order of the learned single Judge, who graciously made the fourth
respondent to part with a sum of Rs.1,20,000/-, while giving liberty to
the appellant to approach the jurisdictional Court.
2. Though the learned counsel for the appellant submitted that no
such argument was made before the learned single Judge, we do not wish
to go into the same. Upon being pointed out to the learned counsel that
even consent order is not there, the appellant will not get any order
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W.A.(MD)No.960 of 2020
against the private respondent, who did the work in pursuant to the
scheme framed and in exercise of the power conferred under the Indian
Telegraphic Act 1885 vis-a-vis the Tamil Nadu Electricity Act.
3. The learned counsel for the appellant thereafter submitted that
the civil Court may be directed to expedite the process.
4. As stated, the writ petition itself is not maintainable. Even
under the Indian Telegraphic Act, there is a scheme provided for payment
of compensation. However, we do not wish to interfere with the order
passed, as it is one of consent. Inasmuch as the time granted by the
learned Single Judge got expired, we grant another eight weeks to the
appellant to file a civil suit. As and when the civil suit is filed and take
on file, the jurisdictional Court is expected to expedite the process of
hearing.
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W.A.(MD)No.960 of 2020
5. The writ appeal stands disposed of accordingly. No costs.
Consequently connected Miscellaneous Petition is closed.
[M.M.S., J.] & [S.A.I, J.]
03.03.2021
Index : Yes/No
Internet : Yes
RR
To
1.The District Collector
Tuticorin
Tuticorin District
2.The Deputy Tahsildar,
Ottapidaram 628 213
Tuticorin District.
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W.A.(MD)No.960 of 2020
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.960 of 2020
03.03.2021
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