Muppidathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.9008 of 2021 and W.M.P.(MD).No.6784 of 2021 Muppidathi ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Ltd., Tamil Nadu Electricity Board, K.Pudhur, Madurai, Madurai District.

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Tirunelveli District - 627 011.

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4.The Assistant Engineer, Tamil Nadu Electricity Regulatory Commission, Valliyoor, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from erecting, drawing any high tension electricity towers or lines in the property bearing Survey Nos. 383/2 and 386/1 situated at Thandaiyarkulam village, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.S.Deenadhayalan, Standing counsel

O R D E R

This writ petition is filed for Mandamus, forbearing the respondents from erecting, drawing any high tension electricity towers or lines in the property bearing Survey Nos.383/2 and 386/1 situated at Thandaiyarkulam village, Radhapuram Taluk, Tirunelveli District.

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2. It is an admitted fact that the first respondent has proposal to erect the High Tension Towers. The respondents 2 to 4 are empowered to erect the High Tension Towers under section 164 of Electricity Act, 2003 read with Section 10 of Telegraph Act, 1885. If there is any objection, then the objector ought to approach the District Collector under the Telegraph Act, 1885.

3. Therefore, the petitioner is directed to submit the objection to the first respondent. The first respondent shall issue notice to the petitioner as well as the respondents 2 to 4. Thereafter, the first respondent shall conduct an enquiry under the Telegraph Act, 1885 and pass an order. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. With these observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 31.08.2023 Internet : Yes NCC : Yes / No Sml/Tmg 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Ltd., Tamil Nadu Electricity Board, K.Pudhur, Madurai, Madurai District.

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Tirunelveli District - 627 011.

4.The Assistant Engineer, Tamil Nadu Electricity Regulatory Commission, Valliyoor, Tirunelveli District.

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S.SRIMATHY, J Sml/Tmg W.P.(MD)No.9008 of 2021 31.08.2023 5/5