High Court of Judicature at Madras
S. MANIKUMAR, J.
T. Bhuvaneswari
Versus
The District Collector cum District Magistrate, Erode & Others
W.P. No. 18548 of 2013 & M.P. Nos. 1 and 2 of 2013
Decided On : 29-11-2013
1. Mr.R.Gandhi, Learned Senior Counsel for the petitioner submitted that the Petitioner is the owner of lands in Survey Nos.275/4, 278/3, 278/8 and 278/9, measuring an extent of 2.08 acres. She has purchased the property under two sale deeds, dated 23.01.1982 and 20.06.1988, bearing Regn.Nos.41/1982 and 308/1988, respectively, on the file of the Sub Registrar, Kodumudi. The lands are used for cultivation, and they abut Karur to Erode State Highways. She has three sons and one daughter. Therefore, she has decided to construct residential houses for them. Her elder son is engaged in cultivation of 1.60 acres. There are 150 coconut trees. He submitted that the remaining 40 cents have been earmarked to construct a dwelling house for her sons.
2. Learned Senior Counsel for the petitioner further submitted that on 20.09.2012, officials of the 2nd respondent, inspected her lands, without any intimation. Subsequently, she came to know that the original schedule of transmission lines were not passing through her lands. According to him, due to the objections raised by adjacent landowners, the Deputy General Manager, Power Grid Corporation of India Ltd., K.R.Thoppu, Konakkapadi (PO), Karukalwadi Village, Tharamangalam (Via), Omalur Taluk, Salem District, Salem, 2nd respondent herein, has changed the alignment. The present proposal of erecting the tower, and passage of HT Electricity Line over the lands owned by the petitioner, would cause serious hardship.
3. According to the Learned Senior Counsel, the total width of the petitioner's land is 184 feet, and the proposed HT Electricity Line would pass through the middle of the land, by which, 70% of the land utility would be lost. Whereas, if the lines are drawn 80 ft., away, on the Eastern side, the damage would be less. It is also the contention of the Learned Senior Counsel, by the proposed laying of HT Electricity Lines, the entire market value of the land would be diminished.
4. He further submitted that the petitioner sent a representation, dated 24.09.2012, to the Deputy General Manager and Chief Engineer, Power Grid Corporation of India Ltd., the respondents 2 and 3, respectively to consider shifting of HT Electricity Lines on the eastern side of the petitioner's land. The representations remained unanswered. Therefore, the petitioner was constrained to send another representation to the District Collector-cum-District Magistrate, Erode, the 1st respondent.
5. Learned Senior Counsel further submitted that without waiting for the orders from the District Collector cum District Magistrate, the respondents 2 and 3, have proceeded with the work. Hence, she was constrained to file W.P.No.28337 of 2012, for a mandamus, forbearing the respondents therein, from in any manner erecting or drawing High Tension Electricity Line, 765 Kilo Volt DC Line, over the petitioner's lands in Survey Nos.275/4, 278/3, 278/8 and 278/9, Solakalipalayam, Chenna Sumuthram Village, Kodumudi Taluk, Erode District.
6. By order dated 18.10.2012, W.P.No.28337 of 2012, was disposed of, with a direction to the respondents 2 and 3 therein, to refer the matter to the District Collector cum District Magistrate, the 1st respondent therein, to consider the objections of the petitioner and to pass appropriate orders. Pursuant to the same, the District Collector, sent a notice directing the petitioner to appear and in response to the same, the petitioner submitted her detailed written objection and written arguments on 25.02.2013 and 11.03.2013, respectively.
7. Learned Senior Counsel further submitted that without considering her objections in proper perspective, the District Collector–cum–District Magistrate, the 1st respondent, vide impugned proceedings in Na.Ka.No.354/2013/k4, dated 13.06.2013, has rejected her request. In the abovesaid circumstances, the petitioner is constrained to prefer this writ petition, for a Certiorarified Mandamus, to quash the proceedings of the 1st respondent made in Na.Ka.No.354/2013/k4,
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