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Madras High CourtWP/28401/2016disposed of

K.M.Subramaniyan v. The District Magistrate/

2016-08-16Honourable Mr Justice N. Kirubakaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.08.2016

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. Nos.28401 & 28402 of 2016 & W.M.P.Nos.24528 & 24539 of 2016 1.K.M.Subramaniyam 2.S.Krishnakumar 3.S.Ravikumar ..Petitioners [in W.P.No.28401 of 2016] 1.V.Easwara Periyasamy 2.E.Gayathri Devi ..Petitioners [in W.P.No.28402 of 2016]

Versus

1.The District Magistrate / District Collector, Tirupur District, Tirupur.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Tatabad, Coimbatore - 12.

3.The Superintending Engineer, General Construction Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Perundurai, Erode District.

.. Respondents [in both W.Ps.] PRAYER in W.P.No.28401 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents from erecting or drawing any High Tension Electricity Towers for EHD line in the petitioner's agricultural lands comprised in survey numbers 110, 111/1, 111/4, 116/1 situated at Kalampalayam Village, Tirupur District, before considering the petitioners' representation / objection dated 02.06.2016 and 15.06.2016 for change of its route without affecting their rights of free usage of lands, on merits and in accordance with law and taking into consideration of all relevant facts including alternative route, by following the provisions of Indian Electricity Act and Indian Telegraphic Act, within a reasonable time.

PRAYER in W.P.No.28402 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents from erecting or drawing any High Tension Electricity Towers for EHD line in the petitioner's land comprised in survey numbers 290 and 291 situated at Athupalayam Chettipalayam Village, Tirupur District. Before considering the petitioners' representation / objection dated 11.06.2016 for change of its route without affecting their rights of free usage of their lands, on merits and in accordance with law and taking into consideration of all relevant facts including alternative route, by following the provisions of Indian Electricity Act and Indian Telegraphic Act, within a reasonable time.

For Petitioners :

Mr.A.V.Raja [in both W.Ps.] For Respondent No.1 :

Mr.P.V.Selvakumar [in both W.Ps.] Additional Government Pleader For Respondent Nos.2 & 3 :

Mr.S.K.Raameshwar [in both W.Ps.] Standing Counsel for TNEB C O M M O N O R D E R The petitioners are the owner of the properties comprised in Survey Nos.110, 111/1, 111/4, 116/1 situated at Kalampalayam Village, Tirupur District and Survey Nos.290 and 291 situated at Athupalayam Chettipalayam Village, Tirupur District, respectively and they had been cultivating various crops including coconut grove. In the first week of June 2016, the respondents proposed to establish 230 KV station at Eangur for which a high voltage electricity transmission line has to be drawn from Arasur to Eangur, across the petitioners' property. Therefore, representations were given by the petitioners on 02.06.2016, 15.06.2016 and 11.06.2016 respectively raising their objection. However, the said objection was rejected by the first respondent on 20.06.2016 stating that the alignment cannot be changed. The said order is being challenged by the petitioners before this Court.

2.Heard Mr.A.V.Raja, learned counsel appearing for the petitioners; Mr.P.V.Selvakumar, learned Additional Government Pleader for the first respondent and Mr.S.K.Rameshuwar, learned Standing Counsel for TNEB appearing for the respondents 2 and 3. 3.If any electricity line is to be drawn by the respondents and if there is any objection from the land owner, it is the bounden duty of the respondents to get permission from the District Collector, under Section 16 of the Indian

Telegraphic Act. Without getting permission, the respondents cannot enter into the property and lay foundation or draw line across the property. Therefore, the second and third respondents are directed to approach the first respondent seeking permission to enter upon the petitioners' property and draw the line across the property, under Section 16 of the Act.

4.It is brought to the notice of this Court that the petitioners have already given their objection vide letters dated 02.06.2016, 15.06.2016 and 11.06.2016 respectively and therefore, the first respondent is directed to hear the petitioners as well as the third respondent and pass appropriate orders under Section 16 of the Indian Telegraphic Act. 5.A direction has been given to the first respondent with regard to the permission. The issue raised by the petitioners in the Writ Petitions is that the alternative alignment was not considered by the respondents and the same was rejected. The electricity board, after taking experts opinion only, decides about the alignment and therefore the alignment, at the instance of one land owner cannot be changed.

If that is going to be allowed, there will not be an end at all and every owner will be allowed to raise objection and the public project cannot be completed at the earliest. Therefore, while rejecting the plea of the petitioners, the first respondent is also directed to decide about the compensation to be paid to the petitioners, while passing orders under Section 16 of the Indian Telegraphic Act. The third respondent is directed to approach the authorities, within two weeks from the date of receipt of a copy of this order and on such approach, the first respondent, after giving notice to the petitioners, hear and decide the matter, within a period of four (4) weeks thereof. 6.

Till the second and third respondent approaches the first respondent and the first respondent pass appropriate orders under Section 16 of the Indian Telegraphic Act, the respondents 2 and 3 are restrained from entering upon the petitioners' property.

7. With the above observation and direction, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

sri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1.The District Magistrate/District Collector, Tirupur District, Tirupur.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Tatabad, Coimbatore - 12.

3.The Superintending Engineer, General Construction Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Perundurai, Erode District.

+ 2 ccs to Mr.A.V.Raja, Advocate Sr 46605 KR/29/8/16 W.P. Nos.28401 & 28402 of 2016