Madras High Court
Veluchamy vs The District Collector on 5 May, 2022
W.P.(MD).No.9332 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:05.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD).No.9332 of 2022
and
W.M.P(MD) No.6693 of 2022
Veluchamy ... Petitioner
vs.
1.The District Collector,
Thoothukudi District,
Thoothukudi.
2.The Tahsildar,
Kayathar Taluk,
Thoothukudi District.
3.The Assistant Executive Engineer,
Tamil Nadu Transmission Corporation Ltd,
(TANTRANSCO),
Thirumangalam, Madurai District.
4. The Assistant Engineer,
Tamil Nadu Transmission Corporation Ltd.,
(TANTRANSCO)
Dindigul. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a writ of mandamus, restraining the respondents and their
men agents or any person claiming rights under them from erecting or
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W.P.(MD).No.9332 of 2022
putting up any poles or towers for passing or drawing or transmitting any
electricity cables or wires through the petitioner's land measuring about
120.97 Cents situated in Survey No.42/1 in Kothali Village, Thoothukudi
District, without following due process of law.
For Petitioner : Mr.Aayiram.K.Selvakumar
For R1 & R2 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R3 & R4 : Mr.S.Deenadhayalan
ORDER
This writ petition is filed by the petitioner for a mandamus
restraining the respondents from erecting or putting up any poles or
towers for passing or drawing or transmitting any electricity cables or
wires through the petitioner's land measuring about 120.97 cents situated
in Survey No.42/1 in Kothali Village, Thoothukudi District, without
following the due process of law.
2. Heard Mr.Aayiram.K.Selvakumar, the learned counsel appearing
for the petitioner, Mr.K.S.Selvaganesan, learned Additional Government
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W.P.(MD).No.9332 of 2022
Pleader appearing for the respondents 1 and 2 and Mr.S.Deenadhayalan,
learned counsel appearing for the respondents 3 and 4.
3. It is the case of the petitioner that the respondents are now
attempting to draw high tension line right in the middle of his property.
When the petitioner received notice, he appeared before the District
Magistrate and submitted his objection.
4. A perusal of the said objection, it is clear that the petitioner has
claimed that, because of the impugned exercise, high tension line will
pass through the middle of his land and apart from the portion which is
affected directly by the drawal of high tension line and other pieces of
land also will become unusable and therefore, he is claiming a sum of
Rs.50,00,000/- as compensation. Thereafter, as per Section 16 (d) of the
Indian Telegraph Act, 1885, the respondents have passed an order
thereby determining the total compensation at Rs.1,48,627/-. Under these
circumstances, when this Court questioned the learned counsel for the
petitioner as to how the writ of mandamus at this stage is maintainable
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W.P.(MD).No.9332 of 2022
without filing an appeal before the District Court under Section 16 (3) of
the Indian Telegraph Act, 1885, the learned counsel relying upon a
judgment of this Court in W.A.No.1294 of 2017 would submit that the
facts of the present case is similar to the facts of the case, whereby this
Court had directed the respondents to first determine the compensation
and pay the same and thereafter liberty was granted to the petitioner to
apply to the District Court and until they pay the compensation as
determined by them under Section 16(d) of the Telegraph Act, 1885, they
were not permitted to erect the poles.
5. The learned counsel appearing for the respondents 3 and 4
would submit that it will be in the interest of the respondents 3 and 4 to
pay the compensation as determined by them and statutorily the
petitioner is entitled to file an appeal before the District Court.
6. In view of the same, this Writ Petition is disposed of on the
following terms:-
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W.P.(MD).No.9332 of 2022
(i) It is seen that by the order which does not contain a date, but is
produced in Page No.19 of the typed set of papers, the respondents 3 and
4 have determined the compensation at Rs.1,48,627/- as per Section 16
(4) of the Act. The respondents therefore are restrained from entering into
the petitioner's land and erecting the poles/lines until they pay the sum of
Rs.1,48,627/- as determined by them.
(ii) As and when they pay the said sum, they will be entitled to
erect the poles and draw the lines.
(iii) If the petitioner is aggrieved by the quantum of the
compensation, within 30 days from the date of receipt of the said
compensation he will be entitled to file an appeal before the District
Judge, under Section 16(3) of the Indian Telegraph Act, 1885.
(iv) There will be no order as to costs.
Consequently, the connected Miscellaneous Petition is closed.
05.05.2022
akv/ebsi
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9332 of 2022
To
1.The District Collector,
Thoothukudi District,
Thoothukudi.
2.The Tahsildar,
Kayathar Taluk,
Thoothukudi District.
3.The Assistant Executive Engineer,
Tamil Nadu Transmission Corporation Ltd,
(TANTRANSCO),
Thirumangalam, Madurai District.
4. The Assistant Engineer,
Tamil Nadu Transmission Corporation Ltd.,
(TANTRANSCO)
Dindigul.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9332 of 2022
D.BHARATHA CHAKRAVARTHY,J.
akv/ebsi
W.P.(MD).No.9332 of 2022
05.05.2022
https://www.mhc.tn.gov.in/judis
