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HONOURABLE SRI JUSTICE M. GANGA RAO Writ Petition No.9660 of 2019

ORDER:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus declaring the action of the respondents 1 to 3 in not considering the request of the petitioner and other villagers for diverting the High Tension wires from the electric sub- station to the 4th respondent milk center through the outskirts of the village instead of through residential locality of the village as illegal, arbitrary and to consequently direct the respondents 1 to 3 to provide the electric High Tension lines through outskirts of Ganapavaram village, Mylavaram Mandal, Krishna District instead of from the residential locality.

2. The case of the petitioner is that he is a permanent resident of Ganapavaram Village, Mylavaram Mandal, Krishna District. In the year 2011, respondents 1 to 3 established electric sub-station in Ganapavaram village. When they intended to lay High Tension wires to the rice mills established in the outskirts of the village, through the residential locality of the village, the villagers raised objections. By considering the difficulty of the villagers, respondents 1 to 3 have not arranged power supply to the rice mills through High Tension wires through the residential locality of the village. Recently, 4th respondent established chilled milk centre in the outskirts of the village and requested respondents 1 to 3 to provide High Tension power supply to the milk centre. On coming to know that the respondents 1 to 3 are inclined to provide electric power supply as required by the 4th respondent by laying the High Tension wires in the residential locality, the villagers objected for the same and suggested to lay the High Tension wiring through the outskirts of the village instead of residential locality in front of the house of the petitioner. The Ganapavaram Gram Panchayat also passed a resolution requesting the respondents 1 to 3 to divert the High Tension line through the outskirts of the village and not to cut the trees in the village and not to disturb the environment in the village. The existing High Tension wire is not functioning because of inconvenience of the villagers. Therefore, the wiring can be diverted from sub-station to the 4th respondent milk centre through outskirts. However, the respondents are intending to erect the new poles through the residential locality and provide power supply to the milk centre. Being aggrieved by the action of the respondents, this writ petition came to be filed.

3. Learned counsel for the petitioner submits that in case the power supply is provided to the High Tension wires through the residential locality and in the event of unforeseen circumstances, there is every possibility of disconnection of wires from the pole and fall on the residential houses, in which case, there will be huge loss to the life and property of the villagers. For the purpose of providing High Tension wires, the respondents have to cut the trees and damage healthy environment. If the High Tension wire is diverted through the outskirts of the village instead of the residential locality, no prejudice will be caused to any person including 4th respondent. If the wiring is done through the outskirts, the distance will be reduced and cost also will be reduced, by which there will be financial benefit to the 4th respondent. Ignoring the difficulties of the public and without considering the balance of convenience, the respondents are intending to lay the High Tension wires through the residential locality of the village. On

16.07.2019 the respondents engaged labour to cut the trees and are pulling down the existing pillars and laying the new pillars for purpose of providing High Tension wires. The action of the respondents 1 to 3 in not considering the request of the petitioner and other villagers for diverting the High Tension wiring through the outskirts of the village instead of residential locality is illegal and arbitrary.

4. On 23.07.2019, this Court while ordering notice

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