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2025 DAILYLAW 186980 (MAD)

Kadarkarai v. The Principal Secretary/

WP(MD)/35455/2025 · 2025-12-17

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.35455 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025 CORAM THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35455 of 2025 Kadarkarai, S/o.Irulappan No.92, AJ Nagar Pallapatti Road, Thiruthangal Sivakasi Taluk, Virudhunagar District. ... Petitioner Vs. 1. The Principal Secretary/ Chairman and Managing Director TANGEDCO, NPKRR Maaligai, 144, Anna Salai, Chennai. 2. The District Collector Collectorate, Virudhunagar District. 3. The Superintending Engineer General Construction Circle Race Course Road, Madurai. 4. The Executive Engineer/Civil 765, K.V.Electricity Transmission Scheme, Virudhunagar, Virudhunagar District. 5. The Superintending Engineer Electricity Distribution Circle, Virudhunagar, Virudhunagar District. 1/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 6. The Revenue Divisional Officer Sattur, Virudhunagar District. 7. The Superintending Engineer Tamil nadu Transmission Corporation Ltd. Through its M/s.Kalpataru Projects International Limited Chennai. 8. The Superintending of Police Virudhunagar, Virudhunagar District. 9. The Tahsildar, Virudhunagar Taluk Virudhunagar District. 10. The Village Administrative Officer Pattampudur Village Virudhunagar Taluk Virudhunagar District. 11. The Joint Director Horticulture Department Collectorate, Virudhunagar. 12. The Joint Director, Agriculture Department Collectorate, Virudhunagar. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to restore the possession of the illegally acquired landed properties to the petitioner comprised in Survey No.121/2A, Survey No.121/2B, Survey 2/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 No.121/3, Survey No.121/4, Survey No.121/5 and Survey No.123/4 pertaining to situated at Pattampudur Village, Virudhunagar Taluk, Virudhunagar District and on necessity the said property be acquired for the purpose of the Government of Tamil Nadu Proposed to initiate an Electricity Development Scheme by installing electricity NO. 765/400/230 capacitated sub station to be installed in Pattampudur Village, Virudhunagar Taluk, Virudhunagar District for transmission of the electricity to the sub Station at Coimbatore by following due process of law after payment of compensation to the petitioner at the prevailing market rate price, based on the petitioners representation dated 30.10.2025 to the respondents For Petitioner : Mr.S.Maya Perumal For Respondent : Mr.S.Shanmugavel, AGP, for R2, 6, 9 to 12 Mr.S.Deenadhayalan, for R1, 3 to 5 & 7 Mr.A.Albert James, GA, for R8 ORDER This writ petition has been filed to direct the respondents to restore the possession of the illegally acquired landed properties to the petitioner 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 2. The learned counsel for the petitioner would submit that in this case, the respondents had installed towers, which covers about 7 acres of petitioner's land. For the said installation, they had paid only a sum of Rs.3,00,000/- as compensation to the petitioner. Aggrieved over the same, the petitioner filed a representation dated 30.10.2025 for enhancement of compensation. However, the said representation was not at all considered by the respondents till date. Hence, this petition. 3. In reply, the learned counsel appearing for the respective respondents would submit that in this case, the compensation was fixed by the respondents by calculating the area of lands, which were occupied by towers and the same was duly paid to the petitioner. Further, if the petitioner aggrieved over the said compensation, he can very well approach the appropriate District Court in terms of Section 34 of the Arbitration and Conciliation Act, 1994. Hence, he prays for dismissal of this petition. 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 4. Heard the learned counsel for the petitioner and the learned counsel for the respondents and also perused the entire materials available on record. 5. In the case on hand, the respondents had installed towers at 7 acres of petitioner's land. For the said installation, they had paid a sum of Rs.3,00,000/- as compensation to the petitioner. However, according to the petitioner, the said amount is on lower side. 6. On the other hand, it was submitted by the respondents that the compensation was not fixed for whole 7 acres, but only for the areas of land, which were occupied due to installation of towers. 7. Further, as rightly suggested by the respondents, if there is any grievance with regard to the compensation fixed by the respondents, the only right course available to the petitioner is to approach the appropriate District Court in terms of Section 34 of the Arbitration and Conciliation Act, 1994. When such being the case, even if a direction was issued to the respondents to consider the petitioner's representation, 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 certainly, the respondents will not have any power to enhance the compensation. 8. In view of the above, this Court is inclined to dismiss the present petition by granting liberty to the petitioner to approach an appropriate District Court, seeking for enhancement of compensation, within a period of 4 weeks from the date of receipt of a copy of this order. 9. In the result, this writ petition is dismissed with the aforesaid liberty. No cost. 17.12.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa To 1. The Principal Secretary/ Chairman and Managing Director TANGEDCO, NPKRR Maaligai, 144, Anna Salai, Chennai. 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 2. The District Collector Collectorate, Virudhunagar District. 3. The Superintending Engineer General Construction Circle Race Course Road, Madurai. 4. The Executive Engineer/Civil 765, K.V.Electricity Transmission Scheme, Virudhunagar, Virudhunagar District. 5. The Superintending Engineer Electricity Distribution Circle, Virudhunagar, Virudhunagar District. 6. The Revenue Divisional Officer Sattur, Virudhunagar District. 7. The Superintending Engineer Tamil nadu Transmission Corporation Ltd. Through its M/s.Kalpataru Projects International Limited Chennai. 8. The Superintending of Police Virudhunagar, Virudhunagar District. 9. The Tahsildar, Virudhunagar Taluk Virudhunagar District. 10. The Village Administrative Officer Pattampudur Village Virudhunagar Taluk Virudhunagar District. 11. The Joint Director Horticulture Department Collectorate, Virudhunagar. 7/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 12. The Joint Director, Agriculture Department Collectorate, Virudhunagar. 8/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.35455 of 2025 KRISHNAN RAMASAMY.J., nsa W.P.(MD)No.35455 of 2025 17.12.2025 9/9 https://www.mhc.tn.gov.in/judis