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2012 Supreme(Mad) 4627

High Court of Judicature at Madras
M.Y. EQBAL & T.S. SIVAGNANAM
M/s. Sri Vignesh Yarns Pvt. Ltd., rep. by its Managing Director Sri. T. Sivakumar & Another
Versus
S. Subramaniam & Others
Writ Appeal Nos.1049 of 2012, 1050 and 1051 of 2012 and M.P.Nos.1+1+1 and 2 of 2012
Decided on : 16-11-2012

Advocates appeared:
For the Appearing Parties: R. Muthukumaraswamy, Senior Counsel.
For B. Vijay, P.S. Raman, Senior Counsel For K. Sukumaran , AR.L. Sundaresan, Senior Counsel
For P. Tamilvel, T.R. Rajagopalan, Sr. Counsel
For Ms. P. Veena , A. Navaneethakrishnan, Advocate General assisted by S. Venkatesh, Govt. Pleader, P.H. Arvind Pandian, Addl. Advocate General assisted by S.K. Raameshuwar, Srinath Sridevan, Advocates.

Headnote:Indian Telegraph Act, 1885 Sections 16 and 17 Tamil Nadu Electricity Act, 2003 Sections 10, 67 and 68- Installation of towers for transmitting High Voltage Electricity approved – Alteration in the transmission route by the District collector as directed by the Board-Writ petition was allowed as Sec 16 of 1885 did not empower the district Collector to alter or frame a new route- Writ appeals preferred were dismissed even though the decision taken by the collector was more of executing a decision taken u/s 10 or under Sec 67 and sec 68 of the Act , but no grounds were given for the alteration of the transmission of the route and adopting a new route was given- there was no need of any interference required in the order of the single judge as far as the jurisdiction of the Collector was concerned- However the matter to be remanded back to the electricity board to decide independently in respect of erecting the transmission lines.

Judgment :-

These writ appeals have been filed against the common order of the learned single Judge dated 24.04.2012 passed in W.P.Nos.2305 and 2917 of 2012.

2. The writ petitions were filed challenging the impugned order passed by the District Collector, Tiruppur vide Na.Ka.No.14238/2010/J1 dated 18.07.2011.

3. The case of the writ petitioners was that they are agriculturists residing in Sundakampalayam and Nambiyamplayam Villages of Avinashi Taluk, Tiruppur District, owning agricultural lands in around their villages. Initially, the Executive Engineer, Transmission Line Construction, Tamil Nadu Electricity Board (TNEB) got approval from the State Government to install towers for transmitting High Voltage Electricity through their lands situated in S.F. Nos.275/1,2, 274/2, 268/1A, 263/2, 212/3, 211/1A, 1B, 207/1D, 206/1A1, 1B2, 204/1, 204/6, 267/7, 170/1, 98/2, 84/1, 2, 83/1, 78/4, 5, 6, 7, 176/1B, 178/1, 179/2, 3, 180/1, 3 and 410/1 & 2 at Nambiyampalayam Village, Avinashi Taluk. But, suddenly in the month of June, 2010 the officials of the Board started surveying the lands of the writ petitioners for altering the electricity line route, to which the writ petitioners objected. At that time, the officials of the Board assured the writ petitioners that they will continue with the originally approved route for transmitting electricity. Since false rumours spread that the writ petitioners have consented for erecting electricity transmission lines through their land, in the public hearing held on 22.07.2010, they registered their strong objection for transmitting electricity through their lands. They also sent their separate representations dated 23.07.2010 to the officials of the Board objecting the change in the route for transmitting electricity. Since, there was no response from the officials of the Board with respect to their objections, they preferred W.P. Nos.20666 to 20678 of 2011 seeking a direction to consider their representations dated 23.07.2010. The said writ petitions were closed on 24.01.2012 with liberty to the writ petitioners to challenge the impugned order dated 18.07.2011 passed by the District Collector, Tiruppur.

4. The writ petitioners challenged the impugned order on the ground that the District Collector had no jurisdiction to decide the route for installation of the transmission lines and that the District Collector, before deciding on an alternative route, has not taken note of the technical recommendations of the experts on the field. According to them, the impugned order directing installation of the transmission towers through their lands was passed in view of the fact that some other land owners who were affected by the original route had filed a batch of writ petitions viz., W.P. Nos.9728, 5205, 5206, 5207, 5208, 5209 and 4900 of 2010. The said batch of writ petitions was disposed of on 30.4.2010 with a direction to the Board officials to proceed with the work after getting appropriate orders from the District Collector-cum-Magistrate, Tiruppur under the provisions of the Indian Telegraph Act, 1885. A direction was also issued to the District Collector-cum-Magistrate to pass appropriate orders within 15 days from the date of receipt of a copy of that order. Thereafter, the District Collector, Tiruppur instructed the TNEB officials to study the pros and cons of the alternate route, and it was on the instructions of the District Collector, Tiruppur the officials of the Board surveyed both possible routes and submitted a report inter se with their merits and demerits. In their report, considering the technical aspects, they approved the original route as being more feasible with fewer objections, since it was along side with the existing Panchayat Road. Thereafter, the District Collector conducted a meeting with the land owners as well as the Board Engineers and orally declared that the original route would be followed. However, before passing the orders in writing, he was transferred and his succes


































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