High Court · 2025

WP No. 19785 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17-06-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 19785 of 2025andWMP Nos. 22223, 22225 & 22226 of 2025T.S.SubramaniamPetitioner(s)Vs1.The District CollectorThe Office Of The District Collector, Erode -638104.2.The Revenue Divisional OfficerRDO Office, Erode.3.The TahsildarModakkurichi Taluk, Modakkurichi, Erode District, Pincode-638104.4.The General ManagerPower Grid Corporation Of India Ltd., 3/3/27-B, Bharathi Nagar, Salem Main Page No.1 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025Road, Near New Bus Stand, Sangagiri - 637301.Respondent(s)PRAYERDirecting the respondents herein and authorities concerned to submit their proper and adequate compensation else to remove and shift the transmission lines running over the Petitioner's land and properties to some other place and thereby to restore the original position of the Petitioner's land situate at S.No.18/3 and Cart Track in S.No.19/2 at 24, Velampalayam-A Village, Modakurichi Taluk, Erode District.For Petitioner(s):Mr.Rajendran RagavanFor Respondent(s):Mr.G.Velu, AGP For R1 to R3Mrs.Rita ChandrasekarFor M/s. Aiyar And Dolia For R4ORDERThe writ petition was filed for a direction to the respondents to either pay proper and adequate compensation for the transmission lines running over the petitioner's land and properties or to remove and shift the transmission to an alternative location, thereby restoring the original position of the Petitioner's land situated at S.No.18/3 and Cart Track in S.No.19/2 at 24 at Velampalayam-Page No.2 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025A Village, Modakurichi Taluk, Erode District.2. When the writ petition came up for hearing on 03.06.2025, this Court passed the following orders:“Mr.G.Velu, learned Additional Government Pleader, takes notice for respondents 1 to 3. Mr.V.Kalyanaraman for M/s.Aiyar and Dolia, learned counsel, takes notice for 4th respondent. 2. The learned counsel appearing on behalf of the respondents shall take instructions as to whether the District Collector has issued any proceedings determining the compensation amount payable to the petitioner. It is not clear from the materials placed before this Court as to whether the sum of Rs.1,04,957/- was paid to the petitioner pursuant to any proceedings issued by the District Collector or such amount was paid to the petitioner by way of stop gap arrangement before the final determination of compensation. This is in view of the fact that even after the receipt of the amount, various communications are available from the District Collector to the revenue officials and also to the 4 th respondent to deal with the grievance expressed by the petitioner, who is Page No.3 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025seeking for enhanced compensation. Ultimately, if any proceedings have been issued determining the compensation, the only remedy available to the petitioner is to approach the District Judge under Section 16(3) of the Indian Telegraph Act, 1885. On the other hand, if the District Collector is yet to determine the compensation, this Court will issue directions to the District Collector to decide the final compensation after hearing the petitioner and the 4th respondent. Hence, necessary instructions shall be secured in this regard. 3. Post this writ petition under the caption “for orders” on 17.06.2025.” 3. Pursuant to the above order, the matter was listed for hearing today. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 produced the written instruction received from the Tahsildar, Modakurichi, Erode District. The relevant portions of the written instruction are extracted hereunder: “4. In this connection, with regard to the compensation to the trees, the Village Administrative Officer, Velampalayam has submitted the report on Page No.4 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 202513.06.2025 that an extent of 3.45 ¾ cents land in the R.S. No. 18/3 and easement right for pathway over the land in R.S. No. 19/2 of Velampalayam A Village belonged to Thiru Subramaniam, S/o. Sengoda Gounder and under his enjoyment. In an extent of 3073 square meter, the High Power Transmission Line is passing through the above lands 18/3 and 19/2 under the scheme of erection of Power Grid Line. As per the Guideline Value, an amount of Rs.1,04,957/- was received by the above Subramaniam towards the compensation amount by way of Cheque during the month of December 2021. Now, the writ petitioner has claimed for 100 coconut trees, Mushroom farming, Bore well, Open well, crops damage in the above lands. But, in the Fasli Year 1428, the coconut trees in 0.03.0 Ares and fodder corn in 0.30.0 Ares and sesame in an extent of 0.20.00 Ares were recorded in the village accounts. But there was no any record for the Bore well. No any record for mushroom farming. Further, there were no coconut trees and mushroom farming over the lands on which the power line is passing. There is no order in connection with granting the compensation amount for the well in respect of erecting the power grid tower. Hence, the action may be given up on the claim of the petitioner.5) Anyhow, the Tahsildar, Modakkurichi has sent a Page No.5 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025letter in Na.Ka.3220 / 2018/A2 dated 13.06.2025 to the Joint Director, Horticulture Department, Erode-1, Assistant Director, Agricultural Department, Modakurichi-2 and Assistant Director, Horticulture Department, Modakurichi-3 stated that in the fasli year, it was recorded in the Village Adangal for the fasli year 1428 that the coconut trees were in the extent of 0.03.00 Ares, fodder corn in the 0.30.0 Ares and sesame in an extent of 0.20.00 Ares and hence is requested to send the assessment report on the value of the crops.6) In this connection, the Tahsildhar, Modakkurichi has also sent a letter in Na.Ka.3220/2018 A2 dated 13.06.2025 to the Deputy General Manager, Power Grid Corporation of India Limited, Dharapuram sought for the reply about the compensation as claimed in the Writ Petition in W.P. No.19785 / 2025. On this letter, the Deputy General Manager, Power Grid Corporation of India Limited, Dharapuram has replied on 14.06.2025 as Mr. T.S. Subramaniyam, S/o. late. Sengoda Gounder filed a writ petition no. 19785 / 2025 in the High Court of Judicature at Madras for compensation of trees damated during the construction of 800 KVA Raigarh to Pugalur Transmission Line. As discussed with the Power Grid employees who were worked during construction of the Page No.6 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025above said line, they informed that, no standing coconut trees were available during execution of the project in the SF No. 18/3 and 19/2. Henced, payment of compensation towards coconut trees as claimed by Mr. T.S.Subramaniam could not be done immediately, field survey to be conducted jointly with Revenue and Agriculture department to ascertain the claim of the petitioner. I request your goodself to arrange joint verification of the above field to finalize the compensation. Frum this letter, it is known that the joint inspection is necessary sought by the Deputy General Manager, Power Grid Corporation of India Limited, Dharapuram. 7) After carrying out the Joint Inspection sought by the Deputy General Manager, Power Grid Corporation of India Limited, Dharapuram, it will be finalized whether the writ petitioner is eligible to get the compensation. It will take four weeks time for the finalization.”4. It is clear from the above that the Tahsildar is now in the process of collecting all the relevant particulars and will place the report before the District Collector, thereby enabling the District Collector to pass an order on the compensation claimed by the petitioner. Page No.7 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 20255. In view of the above, there shall be a direction to the 3rd respondent to place the report before the 1st respondent within a period of four (4) weeks from the date of receipt of a copy of this order. Thereafter, the 1st respondent will deal with the same and pass appropriate orders within a period of eight (8) weeks, after affording an opportunity to the petitioner and the 4th respondent.6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.17-06-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoJeniPage No.8 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025To1.The District CollectorThe Office Of The District Collector, Erode -638104.2.The Revenue Divisional OfficerRDO Office, Erode.3.The TahsildarModakkurichi Taluk, Modakkurichi, Erode District, Pincode-638104.4.The General ManagerPower Grid Corporation Of India Ltd., 3/3/27-b, Bharathi Nagar, Salem Main Road, Near New Bus, Stand, Sangagiri - 637301.Page No.9 of 10 https://www.mhc.tn.gov.in/judis WP No. 19785 of 2025N.ANAND VENKATESH J.JeniWP No. 19785 of 202517-06-2025Page No.10 of 10