1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-11-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.5626 of 2011 And M.P.(MD) No.1 of 2011 K.Ulaganathan .. Petitioner vs. 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Executive Director, Power Grid Corporation of India Ltd., Southern Region, Transmission System-II, Regional Head Quarters, No.32, Race Course Road, Bangalore-560 001. 3.The Superintending Engineer, The Tamil Nadu Electricity Board, Thoothukudi, Thoothukudi District. .. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the respondents 2 and 3 their men, agents, servants or anyone claiming under them, from any manner, erecting any pillar or post or laying or drawing any wires for the purpose of high tension power supply or otherwise over and above, across the property of this petitioner in 2,160 square feet equivalent to 4.96 cents with plot No.679 particularly in Survey No.150/2 in Ayyanadaippu, Thoothukudi Taluk, Thoothukudi District and directing the respondents to remove the already erected and laid power supply, in the same property of the petitioner. For Petitioner : Mr.F.X.Eugene For Respondent-1 : Mr.M.Alagarthevan, Special Government Pleader. For Respondent-2 : Mr.Jayesh B.Dolia For Respondent-3 : Mr.G.Kasinathadurai, Standing Counsel for TNEB O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus to forbear the respondents 2 and 3 from erecting any pillar or drawing any wires for the purpose of HT Power Supply over and above his housing plot in an approved layout. 2. Heard Mr.F.X.Eugene, learned counsel for the petitioner, Mr.M.Alagarthevan, learned Special Government Pleader for the first respondent, Mr.Jayesh B.Dolia, learned counsel for the second respondent and Mr.G.Kasinathadurai, learned Standing Counsel for the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner is the owner of a house site bearing plot No.679, in a layout approved by the Directorate of Town and Country Planning. It is a small extent of land measuring 2,160 sq. ft. 4. The second respondent has undertaken the laying of Tuticorin- Madurai 400 KV Double Circuit Line, in an anticipated line length of about 152 kilometers with 423 towers at an estimated cost of Rs.340/- crores. Out of the 423 towers, the foundation in respect of 413 towers is already completed and the stringing work is over in respect of 126 kilometers. 5. At this stage, it became apparent that the HT wire may have to pass through the plot owned by the petitioner. Therefore, contending he will not be able to build a house in his small house site, if the HT wire passes overhead his plot, the petitioner has come up with the above writ petition. 6. Under Section 17(1) of the Telegraph Act, 1885, the District Collector, who is the first respondent herein, is entitled to examine whether there is any possibility of realignment. Admittedly, the petitioner has submitted a representation dated 29.3.2011 to the District Collector. In the written instructions given by the first respondent to the learned Special Government Pleader, he has confirmed that a petition dated 29.3.2011 sent by the petitioner is pending with him. 7. In view of the above, the writ petition is disposed of, directing the first respondent to consider the representation of the petitioner dated 29.3.2011, hear the representations of the petitioner as well as the second respondent, examine the request in the right perspective and pass appropriate orders in accordance with Section 17(1) of the Telegraph Act, 1885, within a period of 4 weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR Svn To 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Executive Director, Power Grid Corporation of India Ltd., Southern Region, Transmission System-II, Regional Head Quarters, No.32, Race Course Road, Bangalore-560 001. 3.The Superintending Engineer, The Tamil Nadu Electricity Board, Thoothukudi, Thoothukudi District. 1CC TO MR. F.X. EUGENE, ADVOCATE, SR: 39207: 1CC TO MR. AIYAR AND DOLIA, ADVOCATES, SR: 39190: DM::2011:NOVEMBER:12:: W.P.(MD)No.5626 of 2011 11-11-2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/