SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Mad) 3006

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J.
Eswari - Appellant 
Versus
The State Of Tamil Nadu - Respondent 
W.P.Nos.2233, 2673, 3202 and 4084 of 2025 & W.M.P.Nos.3006, 3009, 3552 and 4588 of 2025
Decided on : 17-03-2025

Advocates:
Advocate Appeared:
For the Appellant : Mr.J.Antony Jesus
For the Respondents: Dr.S.Suriya, Mr.Sathish Parasaran Senior Counsel for Mr.Abinav Parthasarathy, Mr.D.R.Arun Kuar

The court emphasized adherence to procedural requirements for public notifications in infrastructure projects, balancing private property rights with statutory powers under the Indian Telegraph and Electricity Acts.

Headnote:(A) Indian Telegraph Act, 1885 - Section 16(1) - Electricity Act, 2003 - Section 164 - Writ Petitions challenging permission granted to a company for erecting transmission towers - Court emphasized the necessity for adherence to procedural requirements and publication in widely circulated newspapers for public notifications. (Paras 7.1, 8.1, 8.14)

(B) Natural justice - Requirement for notice and opportunity for affected landowners - The court held that while the telegraph authority has powers, the rights of landowners under Article 300-A must be respected, necessitating a fair hearing process. (Paras 5.1, 5.5, 8.18)

(C) Public interest - The court recognized the need for balancing infrastructural development with property rights, asserting that private projects must still comply with statutory requirements. (Paras 8.18)

Facts of the case:
The petitions arose from the permission granted to M/s T.P. Vardhaman Surya Limited for erecting transmission towers in Tamil Nadu, which faced objections from landowners regarding lack of notice and inadequate publication of the project.

Findings of Court:
The court quashed the license granted under Section 164 of the Electricity Act due to non-compliance with mandatory publication requirements, directing the company to re-initiate the process with proper notifications.

Issues: The court addressed whether the District Collector's order was valid, whether the publication under Section 164 was adequate, and what relief the parties were entitled to.

Ratio Decidendi: The court concluded that the telegraph authority's powers are non-delegable and emphasized the need for adherence to procedural fairness, including proper notification to affected landowners.

Result: The writ petitions were disposed of, quashing the previous orders and requiring fresh publication and consideration of objections.

ORDER :

These four Writ Petitions are connected and as such are disposed of by this common order.

A. The Writ Petitions:

2. W.P. Nos. 2673 and 4084 of 2025 challenge the orders of the District Collector, Tiruppur District, dated 31.12.2024, which granted permission to M/s T.P. Vardhaman Surya Limited (hereafter referred to as 'TPVSL’) to enter the survey fields mentioned therein and erect transmission towers, in accordance with Section 16 (1) of the Indian Telegraph Act, 1885 . This permission is conditional upon their payment of compensation for damages and adherence to the Indian Electricity Rules, 1956, regarding the distance to be maintained from homes, wells, etc. They are also required to ascertain joint ownership in the case of joint patta, disburse compensation accordingly, and follow the necessary rules and directives outlined in the Government Orders related to this matter, making compensation payments promptly before commencing the erection of towers.

2.1. W.P.No.3202 of 2025 is filed to challenge the publications made by the 4 respondent in the Writ Petition, namely, Tata Power Renewable Energy th Limited (hereinafter referred to as ‘TPREL’) dated 10.06.2024, as well as the authorization granted by the 2 respondent, namely, the Central Electricity nd Authority, Ministry of Power, Government of India, to the 4 respondent –TPREL under Section 164 of the Electricity Act, published in the Gazette of India dated 22.10.2024. The petitioner seeks to quash these actions and to issue fresh paper publications/notifications regarding the aforementioned projects, including detailed descriptions of the affected lands and provisions for hearing objections from affected landowners by a competent third-party authority.

2.2. W.P.No.2233 of 2025 is filed with a request to implement the order of the 2 respondent, namely, the Revenue Divisional Officer of Karur, dated 20.12.2024. In this order, the 2nd respondent has directed an inquiry into the objections submitted by the petitioner and to provide a detailed report to the Revenue Divisional Officer, Karur, concerning the entry into the petitioner’s land for the installation of high tension electricity transmission lines.

B. Brief Facts:

3. The factual background in which these Writ Petitions arise is that TPREL planned to establish a 198 MW Wind Power Generating Station in Karur District, Tamil Nadu. TPREL submitted an application for the grant of connectivity for the aforementioned 198 MW at the Karur Pooling Station in Tamil Nadu. On 13.10.2023, TPREL requested the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) for in-principle approval to register the locations of wind energy generators.

3.1. On 29.11.2023, TPREL once again sent a letter to TANGEDCO, stating that the project will be located in the Tiruppur and Karur Districts. To evacuate power from its wind farms, TPREL proposed establishing a 230/33 KV pooling substation and a 230/33KV power line with connectivity at the 400/230 KV PGCIL substation. Subsequently, the special purpose vehicle formed by TPREL and its parent company, TATA Steel Limited, under the name M/s. TPVSL, received in-principle approval for 55 locations on 14.12.2023.

3.2. On 15 May 2024, the Central Transmission Utility of India Limited granted the final connectivity order to TPREL for 198 megawatt at Karur, with the connectivity commencing on 1 June 2023. Subsequently, on 16 April 2024, TPREL submitted an application on the National Single Window System Portal seeking prior approval from the Ministry of Power, Government of India, under Section 68 of the Electricity Act, for the installation of the dedicated overhead transmission lines included in the transmission system to provide connectivity for its project. The dedicated overhead transmission line, measuring 17.75 kilometers in length, was to be erected from the 230/33 KV generation pooling station of TPREL located in Senapathi Palayam Village, Kangeyam Taluk, Tiruppur District, to the Kar


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top