K.NATARAJAN Vs. DISTRICT COLLECTOR DHARMAPURI

JUDGEMENT

(1.) The petitioner, claiming to be the owner of the land bearing S.F.No.8/3B, admeasuring 0.20.0 hectare (50 cents) in Pappireddipatti Village, Dharmapuri District, has filed this writ petition challenging the impugned order passed by the first respondent/ the District Collector, Dharmapuri, dated 05.12.2017, in and by which, the request of the petitioner to apply G.O.Ms.No.63, Energy (A) Department, dated 22.11.2017, was refused.

(2.) Learned counsel for the petitioner submitted that the petitioner is the owner of the subject land on the basis of the sale deed dated 11.06.2004 purchased by Mrs.Jaya, wife of Late Ponnusamy and two others. Likewise, the petitioner's son, namely, Mr.N.Sezhiyan, had purchased 80 cents of land in S.F.No.8/3 (present Sruvey No.8/3A) in the same survey field from the above said persons by way of a registered sale deed dated 10.11.2005. It is further submitted that in order to put up construction, the petitioner had applied for building permission to the Executive Officer of Pappireddipatti Town Panchayat (Selection Grade) and thereafter, considering his application, the said Authority, vide proceedings dated 03.03.2015, granted building permission. It is also stated that spending Rs.15,00,000/-, the petitioner had also constructed the building in the subject land.

(3.) Whileso, the second respondent / the General Manager, Power Grid NM Transmission Limited, Yeshwantpur, Bengalur, issued a notice dated 18.03.2015 informing the petitioner that they were entrusted with the construction of Nagapattinam-New Salem (Dharmapuri), by the Transmission Line of India, vide its letter No.11/2/2011-PG (PFC), dated 22.09.2011; that the said Transmission Line will pass through his property bearing Survey No.8/3B in Pappireddipatti Village; and that the petitioner would be given a reasonable compensation for the damages. But, the petitioner, vide his representation dated 10.08.2015, objected to the same and requested the first respondent for change of transmission line and tower to some other suitable place. However, even after his repeated request, the same was overruled and the construction put up by the petitioner spending a sum of Rs.15,00,000/- was demolished, for which also, they have paid a mere compensation of Rs.7,17,907/-, however, with regard to right of way and tower base, the compensation was not paid to the petitioner.