The statutory framework permits the installation of power transmission lines on private land despite objections, with the authority required primarily to consider compensation rather than block the project.

ORDER :

P.T.ASHA, J.

The above writ petition is filed seeking a mandamus to forbear the respondents 1 to 3 from erecting Transmission Towers / Lines in the petitioner’s lands bearing S.F.No.351/1 and 353/2A Kasthurirengapuram, Part I Village, Rathapuram Taluk,, Tirunelveli District which is against the 6^th respondent’s Load Flow Study dated 27.11.2025 and without following the provisions of the Electricity act, 2003 and the Indian Telegraphic Act, 1885.

Petitioner’s case:

2. It is the contention of the petitioner that they are a Private Limited Company engaged in the production of wind energy and the supply of power to its group captive consumers within the State of Tamil Nadu. As the State of Tamil Nadu has more number of sunny days and is a forerunner in solar power generation and other non- conventional energy source, the petitioner, with a view to generating this green power, had made an application dated 03.05.2025 to the 6^th respondent for establishing a 25 MW Solar Power Plant under the preferential tariff scheme for captive consumption. This request was approved by the 6^th respondent and the petitioner was directed to pay the applicable charges, which included the registration fee, Load Flow Study Charges, refundable security deposit etc., The petitioner would submit that the security deposit was collected to ensure that a Solar Power Generator (SPG) diligently pursues the project, commissions it within the stipulated time and to eliminate and discourage players who were not serious about the project from blocking the power evacuation facility indefinitely. The petitioner would submit that, in all, a sum of Rs.25,00,000/- was paid.

3. Thereafter, the petitioner-Company had purchased the subject property under a registered Sale Deed dated 23.06.2025. The 6^th respondent had conducted a detailed Load Flow Study and issued a report dated 21.11.2025 stating that the petitioner’s proposed 25 MW Solar Power Plant could be connected to the 110/33-11 KV Radhapuram Sub Station. The petitioner has also commenced the construction in full swing.

4. While so, to the absolute shock and surprise of the petitioner, the 3^rd respondent had issued a notice dated 17.07.2025 stating that it intends to install 400 KV Transmission Lines in Survey Numbers 351/1 and 353/2 which are patta lands in which 25MW Solar Power Plant is under construction. The officials of the 3^rd respondent had started measuring the land, fixed the boundaries in the petitioner’s land and they continued the measurement process for the purpose of stringing 400 KW Transmission lines from one tower to another, thereby marking the entire land not fit for use.

5.The 3^rd respondent had proposed to erect 400 KV transmission lines from Kudankulam Nuclear Power Project Units 3 and 4 to Tuticorin GIS. To this, the petitioner had raised his objections on 18.07.2025. However, the same has not been considered by the 3^rd respondent either in the form of a reply or by passing any order. The 3^rd respondent, without even appreciating the petitioner’s objections, is compelling the petitioner to permit them to install the basement for the HT Towers.

6. Although the petitioner had approached the 3^rd respondent in person seeking details of the project and a copy of its original sketch, no response was received from the 3^rd respondent. That apart, the 3^rd respondent refused to reconsider the decision. The petitioner also reliably understands that the respondents have deviated from the route of the HT lines in order to avoid and accommodate certain other lands and as a result of such deviation, the HT lines are now s