1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.521 of 2011 and W.P.(MD)Nos.8514 & 1679 of 2011 and M.P.(MD)Nos.1, 1, 1 and 2 of 2011 W.A.(MD)No.521 of 2011: Tony Abraham ... Appellant / Petitioner Vs. 1.The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, Trichy – 639 020. 2.The Superintending Engineer, Tamil Nadu Electricity Board, Karur Electricity Distribution Circle, Karur 629 002. 3.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Kulithalai. ...Respondents / Respondents Prayer: Appeal filed under Clause 15 of Letters Patent Act, against the order of this Court passed in W.P.(MD)No.1436 of 2011 dated 11.04.2011. Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents herein to consider the representation dated 14.01.2011 within reasonable time. For Appellant :Mr.K.Samidurai For Respondents R2 AND R3: Mr.M.Suresh Kumar, for TNEB For Respondent No.1 : Mr.Karthikeyan W.P.(MD)No.8514 of 2011: Tony Abraham ... Petitioner Vs. 1.The Superintending Engineer, General Construction Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Mannarpuram, Trichy – 639 020. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Karur Electricity Distribution Circle, Karur 629 002. 3.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Kulithalai Head Office, Kulithalai. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the tower erected by the respondent board from the petitioner's property bearing S.F.No.285/1, 285/2, 285/3 and 286 in Thirukampuliyur Village at Krishnarayapuram Taluk, Karur District. For Appellant : Mr.K.Samidurai, Advocate For Respondents 2&3 : Mr.M.Suresh Kumar for TNEB For Respondent No.1 : Mr.R.Karthikesan, A.G.P. W.P.(MD)No.1679 of 2011: P.Manjula ... Petitioner Vs. 1.The District Collector, Karur District, Karur. 2.The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Transmission Corporation Ltd., Mannarpuram, Trichy – 639 020. 3.The Executive Engineer, (Transmission Line Construction), Tamil Nadu Electricity Transmission Corporation Ltd., Mannapuram, Trichy – 639 020. 4.The Assistant Executive Engineer, (Transmission Line Construction), Tamil Nadu Electricity Transmission Corporation Ltd., Mannarpuram, Trichy – 639 020. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from errecting high tension tower or power line in the petitioner's property in S.F.No.288, 289, 290/1 and 290/2 with a total extent of 7.10 2/3 cents of Thirukampuliyur Village at Krishnarayapuram Taluk, Karur District. https://hcservices.ecourts.gov.in/hcservices/ 3 For Appellant : Mr.K.Govindarajan, Advocate For Respondents 2 to 4 : Mr.M.Suresh Kumar for TNEB For Respondent No.1 : Mr.R.Karthikesan, A.G.P. COMMON JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) The Writ appeal arises from the order of the learned Single Judge passed in W.P.(MD)No.1436 of 2011, relating to a punja land in S.F.Nos.285/1, 285/2, 285/3 and 286 to an extent of 13.68 acres at Thirukampuliyur Village, Krishnarayapuram Taluk, Karur District in patta No.1379, objecting to erect new tower line due to upgradation of Mayanur 33 KV substation to 110 KV substation by the Tamil Nadu Electricity Board. 2.The Writ petitioner in W.P.(MD)No.1679 of 2011 seeks for a Mandamus to forbear the respondents from erecting high tension tower or power line in her property in S.F.Nos.288, 289, 290/1 and 290/2 to an extent of 7.10 2/3 cents at Thirukampuliyur Village, Krishnarayapuram Taluk, Karur District. 3.The Writ petitioner in W.P.(MD)No.8514 of 2011 seeks for a Mandamus to direct the respondents to remove tower in his property in S.F.Nos.285/1, 285/2, 285/3 and 286 at Thirukampuliyur Village, Krishnarayapuram Taluk, Karur District. 4.The contention raised by the appellant as well as the contention raised by the petitioners, who have filed W.P.(MD)Nos.1679 and 8514 of 2011 respectively are one and the same. The learned Single Judge has considered the contentions of the petitioner in the light of the provisions of the Indian Telegraph Act, 1885, especially, with reference to Sections 26 to 30 of the Indian Telegraphic Act and has dealt with the judgment of this court in W.P.No.18367 of 2009 (Dr.M.Ponnuswamy and another V. The Chairman, Tamil Nadu Electricity Board, Chennai and others) and extracted the relevant provisions in the order passed in the Writ petition. "13.The controversies raised in this Writ petition is thus answered in the following manner:- (1)No notice is necessary to the land owners for laying high tension wire in their land. (2)The permission of the land owners for laying high tension wire over and above the land of the petitioners is not necessary and Section 10 and Section 16 of the Telegraphic Act does not contemplate so. (3)Such permission is required only in respect of the land owned by the local authorities. https://hcservices.ecourts.gov.in/hcservices/ 4 (4)A mere objection by the land owner does not require authorities to seek permission from the District Magistrate concerned. (5)Only if there is an obstruction or resistance by land owners such permission is necessary." The learned Single Judge has observed that a mere objection / petition of the petitioner in drawing the lines for erection of poles is not necessarily to be considered. In any view of the matter, in this case, the respondents have taken note of the objections and not erected the tower in the petitioner's property and the respondents proposed to draw the lines only at the end of the property. 5.As far as the petitioner in W.P.(MD)No.1679 of 2011, is concerned she has come forward with a new contention as if, there was original alignment, which was sought to be altered under impugned alignment. That has been totally denied by the respondents/Electricity Board. There is absolutely nothing on record to show that there has been any change in the original alignment as it is seen in the revenue records that survey No.195 has been categorised as public works. The learned Additional Government Pleader submits that the said portion of the land are being allotted to the people belonging to Adi Dravidar Community. 6.Taking note of the fact that if there is any possibility for realignment, we directed the 2nd respondent to be present in the Court. The 2nd respondent/Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Transmission Corporation Ltd., Tiruchirapalli, has submitted that any deviation will only result in taking of route, which will affect so many people and would involve cost to a large extent. Therefore, he submitted that there is no possibility for realignment. 7.Taking note of the fact that the law is well settled as established by this Court, we do not want to interfere with the order of the learned Single Judge. Accordingly, the Writ appeal as well as the Writ petition in W.P.(MD)No.1679 of 2011 stand dismissed. 8.In view of the above finding given by us, the relief sought for by the petitioner in W.P.(MD)No.8514 of 2011 has not be granted. Accordingly, the Writ petition stands dismissed. 9.It is needless to state that if any obstruction is made, the party concerned shall act in accordance with law. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 5 To 1.The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board,Trichy – 639 020. 2.The Superintending Engineer, Tamil Nadu Electricity Board, Karur Electricity Distribution Circle, Karur 629 002. 3.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Kulithalai. 4.The District Collector, Karur District, Karur. 5.The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Transmission Corporation Ltd., Mannarpuram, Trichy – 639 020. 6.The Executive Engineer, (Transmission Line Construction), Tamil Nadu Electricity Transmission Corporation Ltd., Mannarpuram, Trichy – 639 020. 7.The Assistant Executive Engineer, (Transmission Line Construction), Tamil Nadu Electricity Transmission Corporation Ltd., Mannarpuram, +1cc to Mr.K.Samidurai, Advocate, Sr.No.30018/2011 W.A.(MD)No.521 of 2011 and W.P.(MD)Nos.8514 & 1679 of 2011 05.09.2011 nbj SMA/19.9.2011/9C/5P https://hcservices.ecourts.gov.in/hcservices/