Madras High Court
T.Kaliyammal (Deceased) vs The Chief Manager on 3 August, 2022
W.P.No.43996, 19717 of 2016, 27590 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.43996, 19717 of 2016, 27590 of 2017
and
W.M.P.No.24845 of 2019
W.P.No.43996 of 2016
T.Kaliyammal (deceased)
K.T.Elayakannu
P2 – substituted as LR of deceased sole petitioner
456754444
vide order dated 12.01.2022 made in WMP.No.20503/2021
in WP.43996 /2016 BY SMSJ ..Petitioner
Vs.
1.The Chief Manager,
Power Grid NM Transmission Ltd.,
Site Office : 400Kv Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
2.The Assistant General Manager,
Power Grid NM Transmission Ltd.,
Site Office : 400kV Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
3.Power Grid NM Transmission Ltd.,
Rep. By its Manager,
Site Office: 400 Kv Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
1/12
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
4.Deputy General Manager (CPIO),
Power Grid Corporation of India Limited,
Regional Head Quarters, SRTS – 11,
Singanayakanahalli,
Yelahanka Hobli, Bangalore – 560 064.
5.The District Collector,
Office of the Collectorate,
Salem District, Salem.
6.The Superintending Engineer,
Tamil Nadu Electricity Board,
Udayapatti, Salem District, Salem. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, directing the respondents to pay
compensation for the lands taken over by Power Grid Corporation for
erecting transmission towers in the land belonging to the petitioner in SF
NO.18/3 Keeraipatty Village, Vazhapadi Taluk, Salem District measuring
3.90 acres.
For Petitioner : Mr.V.Raghavachari
For Respondents : Mr.AR.L.Sundaresan, Senior Counsel
for Mr.Kalyanaraman for
M/s.Aiyar & Dolia for R1 to R4
Mr.P.Anandakumar for R5
Mr.S.Madhusudanan, Standing Counsel
for TNEB, for R6
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
W.P.No.27590 of 2017
T.Kaliyammal (deceased)
K.T.Elayakannu
P2 – substituted as LR of deceased sole petitioner
456754444
vide order dated 12.01.2022 made in WMP.No.20503/2021
in WP.43996 /2016 BY SMSJ ..Petitioner
Vs.
1.The Chief Manager,
Power Grid NM Transmission Ltd.,
Site Office : 400Kv Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
2.The Assistant General Manager,
Power Grid NM Transmission Ltd.,
Site Office : 400kV Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
3.Power Grid NM Transmission Ltd.,
Rep. By its Manager,
Site Office: 400 Kv Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
4.Deputy General Manager (CPIO),
Power Grid Corporation of India Limited,
Regional Head Quarters, SRTS – 11,
Singanayakanahalli,
Yelahanka Hobli, Bangalore – 560 064.
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
5.The District Collector,
Office of the Collectorate,
Salem District, Salem.
6.The Superintending Engineer,
Tamil Nadu Electricity Board,
Udayapatti, Salem District, Salem.
7.T.Parvathy ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, directing the respondents 1 to 6 to
pay compensation for the lands taken over by Power Grid Corporation for
erecting transmission towers in the land belonging to me in S.No.55/1,
Keeraipatty Village, Vazhapadi Taluk, Salem District, measuring 1.74 cents
and for consequential orders.
For Petitioner : Mr.V.Raghavachari
For Respondents : Mr.AR.L.Sundaresan, Senior Counsel
for Mr.Kalyanaraman for
M/s.Aiyar & Dolia for R1 to R4
Mr.P.Anandakumar for R5
Mr.S.Madhusudanan, Standing Counsel
for TNEB, for R6
Mr.D.Muthukumar for M/s.Paul & Paul for R7
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
W.P.No.19717 of 2016
S.Kandasamy ..Petitioner
Vs.
1.Tamil Nadu Generation and
Distribution Corporation Limited,
Rep. By Chairman cum Managing Director,
NPKKR Maaligai, 144, Anna Salai,
Chennai – 600 002.
2.Power Grid NM Transmission Ltd.,
400 KV Sub-station Konakapadi Post,
K.R.Thoppur, Salem, Tamil Nadu – 636 502.
3.The District Collector,
Salem.
4.The Secretary,
Energy Department,
Government of Tamil Nadu,
Fort St.George, Chennai.
(R4 suo motu impleaded vide order dated
29.06.2022 made in WP.19717/2016 by RSMJ)
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
seeking issuance of Writ of Mandamus, directing the respondents to pay the
compensation for the lands utilized for the purpose of erecting poles and
transmission lines in S.No.299/1, Navakurichi Village, Attur Taluk.
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
For Petition : Mr.V.Raghavachari
For Respondents : Mr.S.Madhusudanan, Standing Counsel
for TANGEDCO for R1
Mr.AR.L.Sundaresan, Senior Counsel for
Mr.Kalyanaraman for
M/s.Aiyar & Dolia for R2
Mr.P.Anandakumar, Government Advocate
for R3 & R4
COMMON ORDER
The petitioner, who is the owner of the lands in Keeripatti Village,
Valapadi Taluk, seeks a Writ of Mandamus, directing the respondents to pay
compensation for the lands that belonged to the petitioner in Survey
No.18/3 of Keeraipatty Village, Vazhapadi Taluk, Salem District measuring
3 acres 90 cents taken over by the Power Grid Corporation for drawing high
tension power lines.
2.According to the petitioner, High Tension lines were strung, by
the Power Grid Corporation, across the land of the petitioner and 940
Aracanut trees and 20 coconut trees were cut and removed for the said
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
purpose. Though compensation was paid for the trees, no compensation
was paid for the lands, which are covered by the right of way corridor.
According to the petitioner, the petitioner would be entitled to compensation
for the land covered by the right of way corridor also as per the notification
of the Government of India dated 15.10.2015. Claiming compensation for
the land covered by the right of way corridor atleast at 15% of the value, the
petitioner has come up with this Writ Petition.
3.The Power Grid Corporation would oppose a claim of the
petitioner on the ground that the Government of Tamil Nadu, which is a
welfare state and which minds only the welfare of its citizens had infact,
passed a Government Order on 22.11.2017, which specifically restricts the
entitlement to compensation only to projects taken up after the said
Government Order. The language used is 'subject to the condition that it
will be applicable only to new acquisition with prospective effect'. The
Power Grid Corporation would make use of this benovelent Government
Order passed by the State of Tamil Nadu to contend that since the project in
question has been completed prior to the passing of the Government Order,
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
they are not bound to pay compensation for the land.
4.Even though the Power Grid Corporation had infact, consented
to pay compensation under the 2015 Government Order in W.P.No.11496 of
2016 on 14.06.2016, Mr.AR.L.Sundaresan, learned senior counsel
appearing for the Power Grid Corporation would submit that in Power Grid
Corporation and others Vs. N.Baskar and another in Writ Appeal
No.380 of 2020, it has been held that land owners will have to approach the
District Court under Section 16(3) of the Telegraph Act and cannot resort to
Writ remedy. Though it is claimed that the guidelines issued by the Central
Government on 15.10.2015 were brought to the notice of the Hon'ble
Division Bench, I see no reference to those guidelines in the judgment of the
Hon'ble Division Bench dated 18.08.2021.
5.Be that as it may, as of today, it is only the scheme that is
formulated by the Government of Tamil Nadu under G.O.Ms.No.63 dated
22.11.2017 that would operate. Under the said scheme only the land owners,
who are affect by future acquisition will be benefitted and not the land
owners, whose lands were affected under the scheme implemented before
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
the issuance of the Government Order. The Government of Tamil Nadu has
not only taken two years to implement the guidelines of the Central
Government but it has also put its subjects under a distinct disadvantage of
losing the right to compensation, which was acceded to or conceded to by
the Power Grid Corporation before this Court when this Court decided in
W.P.No.11496 of 2016. If a subject of the state loses the right because of a
benovolent action of the welfare state, this Court can only be a mute
spectator.
6.In view of the same, these Writ petitions are dismissed. No
costs. Consequently, connected miscellaneous petitions are closed. Any rival
claim between the petitioner and the 7th respondent in W.P.No.27590 of
2017 will have to be worked out before the District Court under Section 16.
03.08.2022
kkn
Index:No
Internet:Yes
Speaking
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
To:-
1.The Chief Manager,
Power Grid NM Transmission Ltd.,
Site Office : 400Kv Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
2.The Assistant General Manager,
Power Grid NM Transmission Ltd.,
Site Office : 400kV Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
3.Power Grid NM Transmission Ltd.,
Rep. By its Manager,
Site Office: 400 Kv Substation,
Konakapadi Post, K.R.Thoppur,
Salem, Tamil Nadu – 636 502.
4.Deputy General Manager (CPIO),
Power Grid Corporation of India Limited,
Regional Head Quarters, SRTS – 11,
Singanayakanahalli,
Yelahanka Hobli, Bangalore – 560 064.
5.The District Collector,
Office of the Collectorate,
Salem District, Salem.
6.The Superintending Engineer,
Tamil Nadu Electricity Board,
Udayapatti, Salem District, Salem.
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
7.Tamil Nadu Generation and
Distribution Corporation Limited,
Rep. By Chairman cum Managing Director,
NPKKR Maaligai, 144, Anna Salai,
Chennai – 600 002.
8.The Secretary,
Energy Department,
Government of Tamil Nadu,
Fort St.George, Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.43996, 19717 of 2016, 27590 of 2017
R.SUBRAMANIAN, J.
KKN
W.P.Nos.43996, 19717 of 2016, 27590 of 2017
and
W.M.P.No.24845 of 2019
03.08.2022
https://www.mhc.tn.gov.in/judis
