Writ Petition No. 13910 of 2011 · Madras High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDated 17.6.2011CORAMTHE HONOURABLE MR.JUSTICE R.SUDHAKARWrit Petition No.13910 of 2011 andM.P.No.1 of 2011P.Gurusamy Gounder, ... Petitioner -Vs.- 1. The Superintending Engineer, General Construction Circle, Tamilnadu Electricity Board, Kamarajar Nagar Colony, Udayarpatti, Salem 636 014.

The Executive Engineer, Powerline Construction, Tamil Nadu Electricity Board, Kamarajar Nagar Colony, Udayarpatti, Salem 636 014. ... Respondents Writ Petition is filed under Article 226 of the Constitutionof India praying to issue a Writ of Mandamus, forbearing the respondents from drawing High-Tension cable 400 KV DC line over the property of the petitioner situated at S.F.No.224/1B, 225/9 and226/5, Sowripalayam, Thekkalur Village, Avinasi Taluk, measuring an extent of 0.98 Ares, without determining and paying compensation to the petitioner based on the representation dated 6.4.2011 and valuation statement dated 15.4.2011.For petitioner : Mr.N.Anand Venkatesh For respondents : Mr.G.Vasudevan. -----

O R D E RWrit Petition is filed praying to issue a Writ of Mandamus, forbearing the respondents from drawing High-Tension Cable 400 KVDC line over the property of the petitioner situated atS.F.No.224/1B, 225/9 and 226/5, Sowripalayam, Thekkalur Village, https://hcservices.ecourts.gov.in/hcservices/ Avinasi Taluk, measuring an extent of 0.98 Ares, without determining and paying compensation to the petitioner based on the representation dated 6.4.2011 and valuation statement dated15.4.2011. 2. Mr.G.Vasudevan, learned counsel takes notice on behalf of the respondents electricity board. By consent of both parties, the writ petition is taken up for final disposal.

Petitioner's grievance is that the respondents are drawingHigh-Tension Cable 400 KV DC line over the petitioner's property as above without determining and paying compensation. Petitioner has made a representation on 6.4.2011 to the first respondent together with valuation particulars. The counsel for the petitioner pleads that the claim for compensation should be considered based on the representation dated 6.4.2011. On this premise the writ petitionis filed.

Mr.G.Vasudevan, learned counsel appearing for the respondents electricity board states that the authority will proceed in the matter in accordance with the provisions of the Actand suitable direction may be issued to consider the representation of the petitioner on its own merits. Respondents are willing to comply with the direction as may be ordered by this Court.

Considering the nature of relief sought for and the submission made by the learned counsel for the respondents, the first respondent is directed to consider the representation of the petitioner dated 6.4.2011 on its own merits and in accordance with law expeditiously.