W.P(MD)No.19301 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

W.P(MD).No.19301 of 2021

Seethaiammal

...Petitioner

Vs.

1.The District Collector,

Tuticorin District, Tuticorin.

2.The District Revenue Officer,

Tuticorin District, Tuticorin.

3.The Superintending Engineer,

TANGEDCO, Tuticorin.

...Respondents

(*R3 is suo motu impleaded vide

Order dated 13.12.2021)

Prayer : Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of Mandamus,

directing the respondents to determine the compensation to be given

to the petitioner for the loss of the petitioner's land by the

construction of High Tension Electricity Tower and Drawing of

Electric line by the TANGEDCO through the lands of the petitioner in

S.No.65/4A and 65/4B comprised in Patta No.3242, Ottapidaram Village

and Taluk, Tuticorin District in considering the representation of

the petitioner, dated 08.09.2020.

For Petitioner

: Mr.G.Prabhu Rajadurai

For Respondents

: Mr.J.John Rajadurai

Government Advocate

ORDER

The Writ Petition has been filed in the nature of Mandamus,

seeking a direction to the respondents particularly to the first

respondent/the District Collector, Thoothukudi, to determine the

compensation to be given to the petitioner for the loss of land

owing to construction of High Tension Electricity Tower and drawing

of electric line by TANGEDCO through the lands of the petitioner in

S.Nos.65/4A and 65/4B in patta No.3242, Ottapidaram Village,

Tuticorin District.

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W.P(MD)No.19301 of 2021

2.In the affidavit filed in support of the Writ Petition, it

had been stated that the petitioner is the owner of the

aforementioned lands and she has also the benefit of grant of patta.

It is alleged that the Superintendent Engineer, TANGEDCO,

Tuticorin/third respondent had constructed a High Tension Electric

Post in the patta land of the petitioner. Further they had drawn

High Tension Electric Lines at a height of 100 feet over the said

lands. The Writ Petitioner seeks compensation for such construction

of the High Tension Electric Post in her patta lands.

3.Heard Mr.G.Prabhu Rajadurai, learned Counsel who appears for

the petitioner, Mr.J.John Rajadurai, learned Government Advocate who

appears for the respondents.

4.The issue of compensation, has to be examined only by the

District Collector under Sections 15 and 16 of the Telegraph Act,

1885. It is seen that in exercise of the powers under Section 10 of

the Electricity Act, 2003 and also the powers conferred under

Section 51 of the Electricity Act, 2003, such High Tension

Electricity Tower have been constructed. Now, the onus is on the

District Collector to examine the compensation to be paid. Section

16 of the Telegraphic Act, 1885, provides for that particular

purpose.

5.A direction is therefore given to the District Collector to

issue notice to the petitioner and also to the third respondent/the

Superintending Engineer, TANGEDCO, to examine the case of the

petitioner, to examine the place at which the High Tension

Electicity Post has been errected, examine whether the same has been

put up in the patta lands of the petitioner and thereafter, give due

opportunity to both the parties and then determine whether

compensation is payable to the petitioner. If compensation is

payable to the petitioner, the entire exercise may be completed

within a period of sixteen weeks from the date of receipt of a copy

of this order.

6.With the above direction, this Writ Petition stands disposed

of. No costs.

Sd/-

Assistant Registrar(Writs)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

lr

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W.P(MD)No.19301 of 2021

Note : In view of the present lock