M.Masilamani, v. The Chairman Cum Managing
IN THE HIGH COURT OF JUDICATUARE AT MADRAS
DATED: 06-07-2016
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.23374 of 2016 and WMP No.20045 of 2016 M.Masilamani ... Petitioner Vs.
1. The Chairman, Govt Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) NPKRR Maaligai, No.144, Anna Salai, Chennai-600 002.
2. The Superintending Engineer (High Voltage), Somathy, Indore via TANGEDCO, Dharmapuri District.
3.The District Collector, Dharmapuri District, Dharmapuri.
...
Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from erecting of High Voltage Electric Tower in the petitioner's land to an extent of 0.68.5 hectare in Survey No.221, 0.96.5 hectare in Survey No.241 and 0.34.5 hectare in Survey No.221, 0.96.5 hectare in Survey No.241 and 0.34.5 hectare in Survey No.177/1 bearing Patta No.1106, 497 and 351 respectively situated at Tholur, 26-Chinnampalli Village, Pennagaram Taluk, Dharmapuri District otherwise than due process of law as contemplated under the Electricity Act 2003 read with Indian Telegraph Act 1885. For Petitioner : Mr.P.Rathanavel For Respondents : Mr.M.Varunkumar for R1 & R2 Mr.V.Jayaprakash Narayanan for R3.
O R D E R
The petitioner owns agricultural land to an extent of 0.68.5 hectares comprised in Survey No.221, 0.96.5 hectare in
Survey No.241 and 0.34.5 hectare in (Survey No.221, 0.96.5 hectare in Survey No.241 and 0.34.5 hectare) in Survey No.177/1, situated at Tholur, 26-Chinnampalli Village, Pennagaram Taluk, Dharmapuri District.
2. According to the petitioner, the electricity board had already drawn one High Tension Electric Tower in his property comprised in Survey No.177/1, another Tower in Survey No.219/C1 situated at Tholur, Chinnampalli Village and approximately 11⁄4 acres of land had already been occupied by the respondents. When things stand so, the respondents have proposed to erect High Tension Electric Tower in the above patta lands of the petitioner. Therefore, the petitioner made representation on 23.06.2016 to 2nd and 3rd respondents raising objection for erection of High Voltage Electric Tower in his land. Since the said representation was not considered, the petitioner is before this Court by way of this writ petition.
3. Heard Mr.P.Rathanavel, learned counsel appearing for the petitioner, Mr.M.Varun Kumar, learned counsel appearing for the first & second respondents and Mr.V.Jayaprakash Narayanan, learned counsel appearing for the third respondents.
4. It is stated that High Tension Electric Tower is being erected from Rasipuram to Pallavadi and in that process only, the tower is sought to be laid across the petitioner's property. However, it is seen that no permission has been been obtained by the first and second respondents from the third respondent under Section 16 of the Indian Telegraphic Act. In the absence of any permission from the third respondent viz. District Collector, Dharmapuri, the respondents 1 and 2 cannot enter upon the petitioner's property. However, the project is meant only for the purpose of distribution of power to general public.
5. Taking into consideration the above said point in mind, it is appropriate to direct the first and second respondents to approach the third respondent, as early as possible, seeking permission under Section 16 of the Indian Telegraphic Act. On such approach, the third respondent is directed to decide about the permission to be granted under Section 16 of the Indian Telegraphic Act, after issuing notice to the petitioner, within a period of four
(4) weeks therefrom. While considering the permission application to be filed by the first and second respondents, the third respondent is also directed to consider the objections raised by the petitioner simultaneously. The respondents 1 and 2 are directed not to enter upon the petitioner's property, till such time they approach the third respondent and subsequently, an order is passed by the third respondent , under Section 16 of the Indian Telegraphic Act.
6. With the above observation and direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Rgr Sd/- Assistant Registrar () /TRUE COPY/ Sub-Assistant Registrar To
1. The Chairman, Govt Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) NPKRR Maaligai, No.144, Anna Salai, Chennai-600 002.
2. The Superintending Engineer (High Voltage), Somathy, Indore via TANGEDCO, Dharmapuri District.
3.The District Collector, Dharmapuri District, Dharmapuri.
+1CC to MR.RATANAVEL Advocate SR.NO.38048 +1CC to the Govt. Pleader, High Court, Madras SR.NO.38023 W.P.No.23374 of 2016 EV[CO] MK:01/08/2016