The main legal point established is the authority of the District Collector to order the erection of towers and lines for electricity supply under the Indian Telegraph Act and Indian Electricity Act, considering public interest in improving power supply and transmission network.

1. The petitioner in these Writ Petitions is the owner of the agricultural lands situated in S.F.Nos.973, 547, 529 and 530 at Vadavalli Village, Coimbatore District.

2. It is the case of the petitioner that the Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, Tatabad, Coimbatore / second respondent herein carried out the work of LILO of Thudiyalur-Arasur 110 KV line at Karamadai 230/110 KV Sub Station for electricity supply and pursuant to the same, he wanted to erect towers in the petitioner's lands for carrying High Tension Wires. On receipt of the information, the petitioner objected to the proposal stating that already High Tension Line passes through his lands and erecting towers would affect his agricultural operations. The safety was also one of the terms.

3. On the objections, the Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, Tatabad, Coimbatore / second respondent herein, referred the matter to the District Collector Coimbatore/first respondent herein, under Section 16(1) of the Indian Telegraph Act, 1948 and as per Section 68 of the Indian Electricity Act, 2003, for removal of obstructions,.

4. It is the grievance of the petitioner that the District Collector, Coimbatore / first respondent, without considering the objections in proper perspective, vide impugned proceedings R.Dis.No.19472/2012/C2, R.Dis.No.19471/2012/C2 dated 14.05.2013 and R.Dis.No.19474/2012/C2 dated 13.05.2013, in the respective Writ Petitions, rejected the objections. Consequently, the District Collector, Coimbatoare, directed the Tamil Nadu Electricity Board (General Construction Circle) to carry out the tower line works so as to complete the scheme. The Superintendent of Police, Coimbatore District, was directed to render necessary assistance for the execution of the work. As against these impugned orders, the present Writ Petitions have been filed.

5. Assailing the correctness of the impugned orders passed by the District Collector, Coimbatore, Mr.K.Govi Ganesan, learned counsel for the petitioner submitted that the first respondent has failed to consider that erection of towers in the middle of the petitioner's lands would affect the agricultural operations and that there are other transmission lines, in the lands, in survey numbers stated supra. Learned counsel for the petitioner has also submitted that though the statement of the Assistant Executive Engineer, Transmission Line Construction II, GCC Coimbatore, has been referred to in the impugned proceedings, a copy of the same has not been furnished to the petitioners and hence, there is a violation of the principles of natural justice. It is also his contention that adequate compensation has not been paid to the petitioners for the damage caused to the trees in the lands.

6. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

7. Mr.R.Vijaya Kumar, learned Additional Government Pleader, takes notice on behalf of the first respondent, and Mr.S.K.Rameshuwar, learned counsel Standing Counsel for TNEB, takes notice on behalf of the second respondent.

8. Mr.S.K.Rameshuwar, learned counsel appearing on behalf of the second respondent, on instructions submitted that, the work has already been completed. However, Mr.K.Govi Ganesan, learned counsel appearing for the writ petitioner submitted that the work has just commenced.

9. Though separate orders have been issued in respect of the Survey Numbers, the contents being one and the same, it is suffice to extract one of the orders, for the purpose of adjudication as to its correctness. Hence, impugned proceedings dated 13.05.2013 is extracted hereunder.

PROCEEDINGS OF THE DISTRICT COLLECTOR, COIMBATORE,

PRESENT: THIRU M. KARUNAGARAM, I.A.S.,

R.Dis.No.19474/2012/C2 Dated 13.05.2013

Tamil Nadu Transmission Corporation – General Construction

Circle – Coimbatore LILO of Gobi – Annur 110 KV Feeder at

Sub: Karamadai – 230/110