A.Ponnuthai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2019
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.6715 of 2017 and WMP.No. 7255 of 2017 A.Ponnuthai ..Petitioner vs
1. The District Collector, Tiruppur District, Tiruppur.
2. The Superintendent Engineer, General Construction Circle, TANTRANSCO, Dr.Subbarayan Road, Tatabad, Coimbatore - 12.
3. The Executive Engineer, General Construction Circle, TANTRANSCO, Ellamedu, Ingur, Perundurai Taluk, Erode District.
.. Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from erecting, drawing any High Tension Electricity Towers or Lines in the petitioner's property being the land situated in S.F.No.130 of Chettipalayam Village, Tiruppur North Taluk, Tiruppur District, until the strict compliance of the Sections 10 & 16 of the Indian Telegraphic Act, 1885 r/w Sections 68 & 164 of the Indian Electricity Act, 2003.
For Petitioner :
Mr.V.LakshmiNarayanan for M/s.Va Vu Si Vazhakagam For Respondents : Mrs.R.Janaki Additional Government Pleader for R1 : Mr.Abdul Saleem for R2 & R3
O R D E R
The relief sought for in the present writ petition is to forbear the respondents from erecting, drawing any High Tension Electricity Towers or Lines in the petitioner's property being the land situated in S.F.No.130 of Chettipalayam Village, Tiruppur North Taluk, Tiruppur District.
2. The grievances of the writ petitioner is that the project for erecting High Tension electricity tower is proposed in respect of the agriculture land belongs to the writ petitioner. In this regard, the writ petitioner has submitted an objections/explanations to the District Collector concerned, for conducting an enquiry and to consider the case of the writ petitioner. However, the District Collector has not yet passed an order by conducting an enquiry.
3. Under the provisions of the Works of Licensees Rules,2006, the District Magistrate/District Collector is empowered to conduct an enquiry and pass orders granting permission to enter in to the agricultural lands in favour of the licensees or otherwise for the purpose of erecting High Tension electric towers. In view of the rules cited supra, the District Collector has to conduct an enquiry and pass orders on merits.
4. In view of the matter, the first respondent/District Collector, Tiruppur District is directed to consider the objections/explanations submitted by the writ petitioner by conducting an enquiry and affording an opportunity to the writ petitioner and to all other parties and pass orders on merits and in accordance with law within a period of 4 weeks from the date of receipt of a copy of this order.
5. Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Pkn To 1.The District Collector, Tiruppur District, Tiruppur.
2.The Superintendent Engineer, General Construction Circle, TANTRANSCO, Dr.Subbarayan Road, Tatabad, Coimbatore - 12.
3.The Executive Engineer, General Construction Circle, TANTRANSCO, Ellamedu, Ingur, Perundurai Taluk, Erode District.
W.P.Nos.6715 of 2017 SSP(CO) SSM(22/02/2019)