Madras High CourtWP(MD)/22325/2019disposed of

P.Shanmugam v. The District Collector

2020-08-13Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.22325 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22325 of 2019 and W.M.P(MD).No. 19090 of 2019 P.Shanmugam ... Petitioner Vs.

1.The District Collector Karur District, Collectorate Thanthonimalai, Karur 2.The Thasildar Pugalur Taluk, Karur District 3.The Chief Manager, Power Grid Corporation India Limited, 400/230 KV Sub Station, K.Paramathi Post, Karur District.

4.The Chairman/ Managing Director Tamil Nadu General and Distribution Corporation Limited, 10th Floor, NPKRR Maligai, No.144, Anna Salai, Chennai 2. 5.M/s.Spring Renewable Energy Private Limited Represented by its Director No.001, Level G.Pentagon P.S., Magarpatta City, Hadapsar, Pune 411 013, Also at No.105, TNHB Colony, Gandhigramam South, Pasupathipalayam, Karur.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from erecting any electric High Tension Tower or drawing High Tension Electric Lines in S.F.80/1, 81/B4 and 81/A of Nedungur Village, Pugalur Taluk, Karur District on the basis of the petitioner's representation dated 14.10.2019 within a time frame fixed by this Court.

For Petitioner : Mr.K.Suresh For R1 & R2 : Mrs.S.Srimathy Special Government Pleader For R3 & R4 : Ms.M.Rajeswari For Mr.S.M.S.Jonny Basha For R5 : Mr.Raguvaran Gopalan

O R D E R

Heard the learned counsel on either side.

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W.P.(MD)No.22325 of 2019 2.This writ petition has been filed for forbearing the contesting respondent from putting up high tension tower in the petition mentioned land.

3.It appears that the petitioner's land may be spared. But then the petitioner is not quite sure.

4.I make it clear that if the private respondent intends to put up any tower on the petition mentioned land and if the petitioner obstructs the same, the fifth respondent has to necessarily move the District Magistrate/first respondent for getting permission in terms of Section 16 of the Indian Telegraph Act 1885. Regarding the scope and ambit of Section 16 of the Act, I have already dealt with in order dated 07.08.2020 in W.P(MD).No.6319 of 2020. I have also held that if the land owners obstruct or resist, the licensee cannot carry out the works without getting permission from the District Magistrate.

5. This writ petition stands disposed of on the same lines. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) Msa Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector Karur District, Collectorate, Thanthonimalai, Karur.

2.The Thasildar, Pugalur Taluk, Karur District.

W.P.(MD)No.22325 of 2019 and W.M.P(MD).No. 19090 of 2019 13.08.2020 SPU(25.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2