Madras High Court
D.Udhayarani vs The Government Of Tamil Nadu on 30 November, 2021
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.25449 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25449 of 2021
D.Udhayarani ... Petitioner
Vs
1. The Government of Tamil Nadu,
Rep.by its Principal Secretary,
Commissioner of Land Administration,
Chepauk, Chennai – 600 005.
2. The Principal Secretary to Government of Tamil Nadu,
Energy Department, Secretariat,
Chennai – 600 009.
3. The District Collector,
Thiruvallur District,
Thiruvallur.
4. The District Collector,
Chengalpattu District,
Chengalpattu.
5. The District Collector,
Kancheepuram District,
Kancheepuram.
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W.P.No.25449 of 2021
6. The Land Acquisition Officer and
Special Tahsildar (L.A)
North Madras Thermal Power Project,
No.2, Anjugam Nagar,
Tiruvottiyur,
Chennai – 600 019.
7. The Land Acquisition Officer and
Special Tahsildar (L.A)
North Madras Thermal Power Project,
Kathivakkam,
Chennai – 600 057.
8. Tamil Nadu Generation and Distribution-
Corporation Limited (TANGEDCO),
Rep.by its Chairman and Managing Director,
No.144, Anna Salai,
Chennai – 600 002. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents herein to
forthwith consider and pass orders on the representation dated 24.09.2021
submitted by the petitioner for payment of compensation towards
acquisition of the lands belonged to the family of the petitioner.
For Petitioner : Mr.K.Doraisami
Senior Counsel
for M/s.Muthumani Doraisami
For Respondents : Mr.A.Selvendran
Special Government Pleader
(for R-1 to R-7)
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W.P.No.25449 of 2021
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents herein to forthwith consider and pass orders on the representation dated 24.09.2021 submitted by the petitioner for payment of compensation towards acquisition of the lands which belonged to the family of the petitioner.
2. The case of the petitioner is that, the lands measuring an extent of 104.48 acres, comprised in various survey numbers, situated at Phuzhuthivakkam Village, Ponneri Taluk, Tiruvallur District, were acquired by the respondents for the purpose of developing a long-term power development program under 75 year plan. The program included several Thermal Power Stations utilising country's Large Coal Reserves. The North Madras Thermal Power Project was an integral part of the National Power Development Program. Though the said lands were acquired for the purpose of expansion of the North Madras Thermal Power Project during the year 1985-1990, no compensation was paid to the petitioner and her families. 3/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2021 Therefore, the petitioner submitted a representation before the first respondent and the same was forwarded to the third respondent, by communication dated 27.10.2021. Even then, the third respondent did not take any steps to consider the request of the petitioner.
3. Considering the above facts and circumstances, the third respondent is directed to conduct enquiry, after giving opportunity of hearing to the petitioner and others, on perusal of records and pass orders on merits and in accordance with law for disbursement of compensation in respect of the subject lands acquired by the respondents for the purpose of North Madras Thermal Power Project, if not already paid, within a period of eight weeks from the date of receipt of a copy of this order.
4. With the above directions, this Writ Petition is disposed of. No costs.
30.11.2021 kv Index:Yes/No Speaking Order: Yes 4/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2021 To
1. The Government of Tamil Nadu, Rep.by its Principal Secretary, Commissioner of Land Administration, Chepauk, Chennai – 600 005.
2. The Principal Secretary to Government of Tamil Nadu, Energy Department, Secretariat, Chennai – 600 009.
3. The District Collector, Thiruvallur District, Thiruvallur.
4. The District Collector, Chengalpattu District, Chengalpattu.
5. The District Collector, Kancheepuram District, Kancheepuram.
6. The Land Acquisition Officer and Special Tahsildar (L.A) North Madras Thermal Power Project, No.2, Anjugam Nagar, Tiruvottiyur, Chennai – 600 019.
7. The Land Acquisition Officer and Special Tahsildar (L.A) 5/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2021 North Madras Thermal Power Project, Kathivakkam, Chennai – 600 057.
G.K.ILANTHIRAIYAN, J.
kv
8. Tamil Nadu Generation and Distribution- Corporation Limited (TANGEDCO), Rep.by its Chairman and Managing Director, No.144, Anna Salai, Chennai – 600 002.
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