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CDJ 2025 MHC 7301 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. (MD) No. 35455 of 2025
Judges: THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Parties : Kadarkarai Versus The Principal Secretary/ Chairman & Managing Director TANGEDCO, Chennai & Others
Appearing Advocates : For the Petitioner: S. Maya Perumal, Advocate. For the Respondents: R2, R6, R9 to R12, S. Shanmugavel, AGP, R8, A. Albert James, GA, R1, R3 to R5 & R7, S. Deenadhayalan, Advocate.
Date of Judgment : 17-12-2025
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(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 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.)

1. This writ petition has been filed to direct the respondents to restore the possession of the illegally acquired landed properties to the petitioner.

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. 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, 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.

 
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