K.Ponni v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2015
CORAM
THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.Nos.4272 to 4274 of 2015 and M.P.Nos.1 and 2 of 2015 (in each of the petitions) K.Ponni .. Petitioner in W.P.No.
S.Ramachandran .. Petitioner in W.P.No.
S.Gopalsamy .. Petitioner in W.P.No.
vs.
1.
The Superintending Engineer General Construction Circle Tamil Nadu Electricity Board (TANTRANSCO), Coimbatore.
2.
The Assistant Executive Engineer Transmission Line Construction-I General Construction Circle Tamil Nadu Electricity Board (TANTRANSCO), Coimbatore 641 012.
3.
The Junior Engineer Transmission Line Construction-I General Construction Circle (TANTRANSCO), Tamil Nadu Electricity Board, Coimbatore 641 012.
4.
The District Collector Collectorate Coimbatore 641 018.
.. Respondents in all W.Ps.
R-4 impleaded as per order dated 13.03.2015 by MDJ in M.P.Nos.
3 of 2015 in W.P.Nos.4272 to 4274 of 2015, 4869 and 4885 of 2015.
Writ Petitions filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of mandamus forbearing the respondents from putting up any tower or high tension electricity lines within the agricultural property owned by the petitioners situated at (i) S.F.No.325/2, 325/3 and 321, (ii) S.F.No.303/3 and (iii) S.F.No.303/1 Gudulur Village, Coimbatore, North Taluk, Coimbatore District measuring an extent of (i) 7.08 acres, (ii) 2.55 acres and (iii) 2.13 acres respectively except by following the due process of law and after determining and paying compensation to the petitioners.
For Petitioner : Mr.N.Anand Venkatesh in all W.Ps.
For Respondents : Mr.P.H.Arvindh Pandian in all W.Ps. Additional Advocate General assisted by Mr.S.K.Rameshwar Standing Counsel for TNEB for RR1 to 3 Mr.R.M.Muthukumar Government Advocate for R4 COMMON ORDER These writ petitions have been filed by the petitioners seeking issuance of a writ of mandamus forbearing the respondents from putting up any tower or high tension electricity line within the agricultural property owned by the petitioners except by following the due process of law and after determining and paying compensation to the petitioners.
2. Heard Mr.N.Anand Venkatesh, learned counsel for the petitioners, Mr.P.H.Arvindh Pandian, learned Additional Advocate General assisted by Mr.S.K.Rameshwar, learned Standing Counsel for Tamil Nadu Electricity Board on behalf of respondents 1 to 3 and Mr.R.M.Muthukumar, learned Government Advocate appearing on behalf of the fourth respondent.
3. It is not in dispute that the petitioners have objected to the installation of the tower or high tension electricity lines in their agricultural property. In case of any objection raised by the land owners, the licencee should seek an order from the District Magistrate/District Collector and the District Collector shall consider the case of the land owners as well as the licencee and have to pass appropriate orders under Section 16(1) of the Telegraph Act, 1885.
4. It is further brought to the notice of this Court that the respondents 1 to 3 have not referred the matter to the District Collector for deciding the issue. However, when the matter is taken up for hearing today, Mr.P.H.Arvindh Pandian, learned Additional Advocate General appearing on behalf of respondents 1 to 3 submitted that the respondents have referred the matter to the fourth respondent/District Collector for adjudication with regard to the objections raised by the writ petitioners.
5. Since the respondents 1 to 3 have complied with the provisions of the Act by referring the matter before the fourth respondent-District Collector on 06.03.2015 and 07.03.2015, without expressing any opinion, with regard to the merits of the case, the fourth respondent-District Collector is directed to decide the matter within a period of three weeks from the date of receipt of a copy of this order, after issuing notice and after affording an opportunity of hearing the writ petitioners.
6. With these observations, all these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2 To 1.
The Superintending Engineer General Construction Circle Tamil Nadu Electricity Board (TANTRANSCO), Coimbatore.
2.
The Assistant Executive Engineer Transmission Line Construction-I General Construction Circle Tamil Nadu Electricity Board (TANTRANSCO), Coimbatore 641 012.
3.
The Junior Engineer Transmission Line Construction-I General Construction Circle (TANTRANSCO), Tamil Nadu Electricity Board, Coimbatore 641 012.
4.
The District Collector Collectorate Coimbatore 641 018.
1 cc to Mr.N.Anand Venkatesh ,Advocate, SR.No.14551 1 cc to Mr.S.K.Rameshwar ,Advocate, SR.No.14345 W.P.Nos.4272 to 4274 of 2015 jsv(co) pmk.18.3.2015