BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13/04/2007
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
WRIT PETITION No.3430 of 2007
and
W.P.M.P.No.1 of 2007
R.Palanichamy ... Petitioner
Vs.
1. The Chairman
Tamil Nadu Electricity Board,
Anna Salai,
Chennai.
2. The Superintending Engineer,
Tamil Nadu Electricity Board,
Mannarpuram,
Tiruchirapalli.
3. The Executive Engineer,
Tamil Nadu Electricity Board,
Coimbatore road,
Karur.
4. The Assistant Engineer,
Operation and Maintenance,
Tamil Nadu Electricity Board,
Pugalur,
Karur District.
5. The E.I.D.Parry (Pvt.) Ltd.,
Pugalur S.F.(post),
Pugalur,
Karur District. .... Respondents
The Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, to direct the respondents not to erect the
Electricity Tower Line in any manner over the petitioners property in Survey
Nos.222 situated at Punjai Pugalur Village, Karur District, without the consent
of the petitioner and without following due process of law.
!For petitioner : Mr.M.Karthikeya Venkitachalapathy
For respondents : Mr.Murali for R1 to R4
Mr.T.R.Rajagopalan
For Mrs.N.Krishnaveni for R5
:O R D E R
Heard the learned counsels for the petitioner as well as for the
respondents.
2.It has been stated by the petitioner that the respondents 1 to 4 had
made survey over the petitioner’s property for laying electricity tower line for
transmission of electricity generated by the fifth respondent. It has been
further stated by the petitioner that if the electricity tower line is erected
over the petitioner’s land, the petitioner would not be in a position to carry
on his agricultural activities and therefore, the petitioner would be put
irreparable loss and financial hardship.
3.It has also been stated by the petitioner that as per Rule 3 of the
Works of Licensees Rules, 2006 and Section 67(2), of the Electricity Rules, 2006
and Section 67(2) of the Electricity Act,2003, the respondents have to get prior
consent from the owner or occupier of the land or building. However, the
respondents, without any notice or consent from the petitioner, are trying to
erect electricity tower line over the petitioner’s land.
4.It has also been stated by the petitioner that this Court had passed an
order in W.P.No.9165 of 2006 (batch) , which reads as follows ;-
“With a view to give an opportunity to the petitioners therein, the petitioners
are permitted to file their objection to the District Magistrate, and on
receiving of such objection the District Magistrate is directed to consider the
same in the light of the order passed by this Hon’ble Court in W.P.No.49172/2006
etc., dated 18.01.2007 and pass orders on merits after affording an opportunity
to both the parties in accordance with law”
It is prayed that a similar order be passed in the present writ petition
also.
M.JAICHANDREN.J.
5.In view of the earlier orders passed by this Court, the petitioners are
directed to file their objections before the concerned District Magistrate
within seven days from today and on receiving such objections, the District
Magistrate concerned shall consider the same and pass appropriate orders, on
merits and in accordance with law, within a period of 10 days thereafter. With
the above directions, the writ petition is disposed of. Consequently, the
connected W.P.M.P is closed. No costs.