The central legal point established in the judgment is the requirement for explicit consent from landowners for erecting high tension towers and the illegality of entering private lands without proper authority.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from erecting any electric high tension tower or drawing high tension electric lines in S.F.No.992, 993-1, 994 & 995 of Gudaloor East Part 1 Village, Aravakurichi Taluk, Karur District, on the basis of the representation of the petitioner dated 19.12.2019.)

1. The writ petitioner, P.Sethu, S/o.Palanisamy Gounder, Chinna Thirumangalam, Chinnadharapuram Post, Aravakurichi Taluk, Karur District has filed the present writ petition in the nature of mandamus seeking a direction to forebear the respondents from erecting any electric high tension tower or drawing high tension electric lines in S.F.No.992, 993-1, 994 & 995 of Gudaloor East Part 1 Village, Aravakurichi Taluk, Karur District, on the basis of the representation of the petitioner dated 19.12.2019.

2. In the affidavit filed in support of this petition, the writ petitioner had stated that he is the owner of the property in S.F.Nos.992, 993-1, 994 & 995 at Gudaloor East Part 1 Village, Aravakurichi Taluk, Karur District. He is doing agricultural activities in the said land. He is also in possession of the said land.

3. In the affidavit, it is also claimed that in December 2019, few strangers claimed to be the representatives of the respondents 5 and 6, namely, M/s.Spring ReneWable Energy Private Limited, Pune and M/s.KS.Wind and Renewables India Private Limited, Chennai, had approached the villagers including the petitioner and had asserted that High Tension Electric Tower and Electric Line are to be erected in the village and that it would go across the line of the petitioner. They had stated that if the villagers objected, they would give a police complaint. They threatened the villagers. Therefore, the petitioner had in thus circumstances filed the present writ petition seeking a relief as stated above.

4. A counter has been filed on behalf of the respondents 1 and 2 by the 2nd respondent. The 2nd respondent, namely, The Tahsildar, Aravakurichi Taluk, Karur District had very specifically stated in the counter as follows:

“8. I state that the State Government or District Administration or its authorities are no way concerned with the execution of contract by the respondent private company or its agent, since the respondents 5 and 6 are private contractors and not the State or Central Government. The respondents 5 and 6 are executing the contract in the course of its private business contract for profit and not a service to the public. Any obstacle or interruption in the execution of contract should be met out at their own risk. Hence the respondents 5 and 6 who are private companies have no legitimate right to claim any assistance from the government or its authorities for their private dispute with land owners in execution of their contract for the purpose of trespassing into the private land owners with whom private negotiation could be fructified.

9. I state that on the complaints of writ petitioner and similar complaints from other villagers, spot inspection was made by 4th respondent and his officials and informed the 6th respondent that their execution of work by private negotiation with the patta land owners is a private contract and the 6 th respondent was issued strict instructions that they should not enter into any private patta lands without the explicit consent of the said land owners and there is no objection for the 6th respondent to erect the towers in the patta lands if land owners gives consent for mutually agreed compensation. In the event, the respondents 5 and 6 without any express consent from land owners erects the High Tension Tower in their patta lands, suitable action would be taken against them for illegal trespass in accordance with law......”

5. It is very seen that no prior permission had been granted to the respondents 5 and 6 to enter upon any land to erect high tension electrical tower and to draw high ele