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Madras High Court

N.Murugesan vs The Secretary on 25 August, 2022

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                          W.P.No.21393 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 25.08.2022

                                                       CORAM

                                  THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                 W.P.No.21393 of 2022

                     N.Murugesan                                        ... Petitioner

                                                         Vs.
                     1.The Secretary,
                     Department of Electricity,
                     Government of Tamil Nadu,
                     Fort St.George,
                     Kamarajar Salai,
                     Chennai.

                     2.The District Collector,
                     Collectorate Office,
                     Vellore District.

                     3.The Chairman,
                     Tamil Nadu Electricity Board (TNEB),
                     Anna Salai, Chennai.

                     4.The Junior Assistant Accounts,
                     TANTRANSCO,
                     Tamil Nadu Electricity Board (TNEB),
                     Anaicut Taluk,
                     Vellore District.


                     5.The Accounts Officer,
                     Central Construction Circle,
                     TANTRANSCO,

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                   W.P.No.21393 of 2022

                     Tamil Nadu Electricity Board (TNEB),
                     Salem - 636 014.

                     6.The Assistant Accounts Officer,
                     Central Construction Circle,
                     TANTRANSCO,
                     Tamil Nadu Electricity Board (TNEB),
                     Salem - 636 014.                                            ... Respondents

                     PRAYER:             Writ Petition has been filed under Article 226 of the
                     Constitution of India to issue a Writ of Mandamus, directing the 5th
                     respondent to consider and dispose petitioner's representation dated
                     12.06.2020 requesting to pay compensation for the lands acquired for
                     installing tower for supply of high volt electricity to pass through
                     petitioner's agricultural lands situate at Survey No.419/2, Thippasamudiram
                     Village, Anaicut Taluk, Vellore District, within a time frame to be fixed by
                     this Court.
                                       For Petitioner   :     Mr.M.S.Niranjhan
                                                              for S.P.Arthi

                                       For Respondents :      Mr.T.M.Rajangam
                                                              Government Advocate
                                                              for R1 and R2

                                                              Mr.Madhusudanan
                                                              Standing Counsel- TNEB
                                                              for R3 to R6

                                                            ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the fifth respondent to pass final orders on the petitioner's 2/6 https://www.mhc.tn.gov.in/judis W.P.No.21393 of 2022 representation dated 12.06.2020 requesting for payment of compensation for erection of towers in the petitioner's property at S.No.419/2, Thippasamudiram Village, Anaicut Taluk, Vellore District within a time frame to be fixed by this Court.

2. The petitioner claims that he is owner of the aforementioned property. According to him, the TANTRANSCO has erected high volt electricity towers in his property, but has not compensated him. He has given a representation on 12.06.2020 to the respondents requesting for compensation. Since the representation has not been considered till date, he has filed this writ petition.

3. Heard Mr.M.S.Niranjhan, learned counsel representing Ms. S.P.Arthi, for petitioner and Mr.T.M.Rajangam, learned Government Advocate appearing for the respondent Nos.1 and 2 and Mr.Madhusudanan, learned Standing Counsel for TNEB appearing for respondent Nos.3 to 6.

4. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law, after 3/6 https://www.mhc.tn.gov.in/judis W.P.No.21393 of 2022 affording a fair hearing to the petitioner including granting him the right of personal hearing.

5. The petitioner seeks compensation on the ground that the TANTRANSCO has erected towers in his property, but has not paid any compensation.

6. For the foregoing reasons, this Court directs the fifth respondent to pass final orders on the petitioner's representation dated 12.06.2020 seeking compensation on account of the erection of high volt towers by the respondents in the petitioner's property at S.No.419/2, Thippasamudiram Village, Anaicut Taluk, Vellore District within a period of eight weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner including granting him the right of personal hearing.

7. With the aforesaid directions, this writ petition stands disposed of.

No costs.


                                                                                               25.08.2022

                     Index                     : Yes/No
                     Speaking Order            : Yes / No
                     ab


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https://www.mhc.tn.gov.in/judis W.P.No.21393 of 2022 To

1.The Secretary, Department of Electricity, Government of Tamil Nadu, Fort St.George, Kamarajar Salai, Chennai.

2.The District Collector, Collectorate Office, Vellore District.

3.The Chairman, Tamil Nadu Electricity Board (TNEB), Anna Salai, Chennai.

4.The Junior Assistant Accounts, TANTRANSCO, Tamil Nadu Electricity Board (TNEB), Anaicut Taluk, Vellore District.

5.The Accounts Officer, Central Construction Circle, TANTRANSCO, Tamil Nadu Electricity Board (TNEB), Salem - 636 014.

6.The Assistant Accounts Officer, Central Construction Circle, TANTRANSCO, Tamil Nadu Electricity Board (TNEB), Salem - 636 014.

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https://www.mhc.tn.gov.in/judis W.P.No.21393 of 2022 ABDUL QUDDHOSE. J., ab W.P.No.21393 of 2022 25.08.2022 6/6 https://www.mhc.tn.gov.in/judis