1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.06.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD)No.7276 of 2011 M/s.Leitner Sriram Manufacturing Company Ltd., Through its Senior Manager, Having office at 15A, West Car Kovil Street, palayamkottai, Tirunelveli District. ... Petitioner Vs. 1.The Executive Engineer, Tamilnadu Electricity Board(Tangedco) Wind Farm Project, Tirunelveli District. 2.The Assistant Engineer, Tamiladu Electricity Board(Tangedco) Wind Farm Project, Tirunelveli District. 3.The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.3 to grant protection to alteration work for laying electric line belonging to the respondent No.1&2 in Survey No.892, 893, 894, 895 and 897 in Koodankulam Village, Radhapuram Taluk, Tirunelveli District as per the complaint of 2nd respondent dated 05.06.2011. For Petitioner : Mr.Eddy and Embboss For R3 : Mr.P.Kannithevan Govt. Advocate (Crl.side) For R1 & R2 : Mr.M.Patturajan O R D E R This application is filed by the petitioner seeking for a direction, directing the third respondent to grant police protection to the alteration work to be undertaken by the respondents 1 and 2 for laying electric line by the respondents 1 and 2 in Survey Nos. 892, 893, 894, 895 and 897 in Koodankulam Village, Radhapuram Taluk, Tirunelveli https://hcservices.ecourts.gov.in/hcservices/ 2 District, on the basis of the complaint given by the the second respondent on 05.06.2011 to the third respondent. 2.It is submitted by the learned counsel for the petitioner that the second respondent has given a complaint, dated 05.06.2011 to the third respondent stating that they will have to alter the power line for the purpose of giving connection to the petitioner's wind mill and for that purpose, they will have to give connection in the electric post that stood in survey Nos.896 to 897/1A. It is further submitted that some persons are obstructing the laying of the electric line through the temple land and therefore, they may be given police protection for completing their work and as no action was taken and no protection was given by the third respondent, this petition is filed. 3.It is submitted by the learned Government Advocate (Crl.side) that the management of Sri Sudalaimadasamy Kovil, Kudankulam has given a complaint that the petitioners and others are trying to take the high tension wire through the temple and they are taking steps to construct Kopuram for the temple and therefore, the petitioners should not be given permission to take electric line through temple land. 4.The learned counsel for the respondents 1 and 2 submitted that in the temple land already electric posts were laid and electricity was taken and the petitioner has erected a wind mill and for that purpose, they will have to give connection to the electric post situated in Survey Nos.896 to 897/1A and they are not causing any damage to the temple and already high tension wire is going through the temple land and so far nobody has objected and the electricity board is entitled to lay the high tension wire through temple land after getting permission and the temple authority has no right to object to the same. He further submitted that the proposed action was taken by the respondents 1 and 2 is in accordance with the electric manual and under the supervision of the Official of TNEB they are doing the work and therefore, they must be permitted to carry out the connection work. 5.It is seen from the complaint of the second respondent that already electric posts are available in Survey Nos.896 to 897/1A and they will have to undertake the job of changing the phase of electricity and that was done under the supervision of the electricity officials and therefore, high tension wire are also going through the temple land and along with the said high tension wire, they want to take 3 more high tension wire and that was sought to be prevented by others. Hence, a complaint was given by the second respondent. Unfortunately, without appreciating the contents of the complaint given by the second respondent to the third respondent, on the basis of the complaint given by the management of the Sri Sudalaimadasamy Kovil, Kudankulam the third respondent denied permission and failed to give protection to the TNEB officials in carrying out their duty. As a matter of fact, no enquiry was conducted by the third respondent whether the respondents 1 and 2 are taking high tension wire through the temple land which was objected by the villagers. As respondents 1 and 2 are taking steps to change the electric line and are admittedly giving connection to the petitioner's wind mill through the existing electric pole and they have also undertaken that the said work will be done under the supervision of the officials of TNEB, I am inclined to direct the third respondent to render https://hcservices.ecourts.gov.in/hcservices/ 3 the necessary assistance to the respondents 1 and 2 for taking the electric wires as stated in the complaint of the second respondent, dated 05.06.2011. Hence, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Executive Engineer, Tamilnadu Electricity Board(Tangedco) Wind Farm Project, Tirunelveli District. 2.The Assistant Engineer, Tamiladu Electricity Board(Tangedco) Wind Farm Project, Tirunelveli District. 3.The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. Ns GH : 07.07.2011 : 3p/5c Crl.O.P.(MD).No.7276 of 2011 24.06.2011 https://hcservices.ecourts.gov.in/hcservices/