1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.2406 of 2011 and M.P.No.1 of 2011 G.Samiyathal : Petitioner Vs 1.The Superintending Engineer, Tamil Nadu Electricity Board, Karur Post and District. 2.The Executive Engineer, Tower Line commissioning, Tamil Nadu Electricity Board, Mannarpuram, Trichy, 3.The Executive Engineer, 230 KV Substation, Tamil Nadu Electricity Board, Karur Post and District. : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus for forbearing the respondents from shifting the Tower Line from its existing position and installing the same in the petitioner's agricultural land situated in Survey No.199, Thoranakal Patti Village, Karur Taluk and District. For petitioner : M/s.M.Saravanakumar For Respondents: Mr.M.Suresh Kumar Standing Counsel for TNEB. ORDER The petitioner is the owner of the punja land and she is also in possession of the said land. The petitioner would contend that already an electricity High Tension line is passing through her land. But, now the department, without the consent of the petitioner, is attempting to erect the tower in her land and if such tower is erected, her property will totally lose its value and she cannot cultivate, through which she earned her livelihood and it would be affected. She further submits that the respondent Board would install tower line at any time without her consent. To put up such a tower, the respondent Board have to get prior consent from the petitioner who is the land owner, for which the petitioner is entitled to under Section 67(2) of the Electricity Act, 2003. The petitioner also sent a representation the second respondent to consider her objection. Since it has not been considered and they are attempting to put up the tower line, she has come forward with the writ petition for the relief as stated earlier. 2. Heard Mr.M.Saravanakumar, learned counsel for the petitioner and Mr.M.Suresh Kumar, learned Standing Counsel for the respondent Board. By consent of both parties, the writ petition itself is taken up for final disposal. 3. At this stage, the petitioner would pray for a limited relief that her representation may be taken up for consideration and necessary orders may be passed. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Mr.M.Suresh Kumar, learned Standing Counsel for the respondent would contend that there is no requirement of permission at this stage as already there is a line existing. In view of the four lane road extended, the electricity department is at liberty to erect a pole to withstand the extra line and there is no deviation. In any way, the electricity department is ready and willing to consider the representation of the petitioner. 5. The short point for consideration is that since the petitioner has already made objections for erecting the tower in the form of representation to the second respondent, the same has to be necessarily considered. No doubt, there is already existing line passing in the land of the petitioner. But, the objections made by the petitioner has to be necessarily considered by the authorities concerned for erection of pole. 6. In this connection, the learned counsel for the petitioner relied upon a decision reported in AIR 2000 MADRAS 56 (S.Kannappan (died) and others v. Commissioner, Tiruvottriyur Municipality, Madras and others), for the proposition that for erection of an electric tower, consent of the owner of the land is a mandatory one. In any view of the matter, the representation of the petitioner may be considered by the second respondent. 7. The writ petition is allowed to the limited extent that the second respondent shall consider the representation of the petitioner dated 04.02.2011 in accordance with law and on merits and pass orders, within fifteen days from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner. No costs. Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Superintending Engineer, Tamil Nadu Electricity Board, Karur Post and District. 2.The Executive Engineer, Tower Line commissioning, Tamil Nadu Electricity Board, Mannarpuram, Trichy, 3.The Executive Engineer, 230 KV Substation, Tamil Nadu Electricity Board, Karur Post and District. W.P.(MD)No.2406 of 2011 09.03.2011 Srm RJ/25.3.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/