ORDER

(This matter is taken up through Video Conferencing)

The petitioners are agriculturists having their lands at Palanigoundapalayam Village and have filed this writ petition as against the orders of the 5th respondent District Collector dated 28.10.2020 in and by which the 5th respondent has given enter upon permission to respondents 4 & 6 permitting them to erect High Tension Towers in the petitioner's lands on certain conditions with the powers conferred upon him under Section 60(1) of the Indian Telegraph Act.

2. The Power Grid Corporation is in the process of laying High Tension Transmission line from Raigarh to Pugalur at a cost of Rs.21,735/- Crore. This project is executed in order to transfer the power energy from various generation plants from the State of Chattisgarh to various other States namely Maharashtra, Telangana, Andhra Pradesh and Tamil Nadu. In this process, they are laying High Tension Towers in the State of Tamil Nadu under Scheme II connecting 5 double circuit 400 KV HVAC lines connecting Pugalur, Arasur, Udumalpet, Tiruvallam, (Power Grid) and Edayarpalayam (TANTRANSCO) sub stations. The circuit line under Scheme II is the subject matter of this writ petition which covers 52 KM routed through Coimbatore to Tiruppur. The land owners/farmers near Edayarpalayam are having certain apprehensions that their access to their land would be restricted, the land value would decrease, they may not be in a position to get any financial assistance with the bankers against their property and it would be rendered unusable, made certain objections to the 5th respondent District Collector for the laying of these towers through their agricultural land.

3. Due to the objections raised by the petitioners, the Power Grid Corporation had also filed a petition before the District Collector, 5th respondent for necessary order to enter upon on 21.09.2020. Based on this petition, the 5th respondent issued a notice to the petitioners for an enquiry scheduled on 20.10.2020 and 23.10.2020. The petitioners/land owners did not participate in the enquiry and by treating the same as they wilfully remained absent, the District Collector proceeded with the enquiry and granted the order of enter upon to the respondent power grid Corporation to lay the towers in the petitioner's land which is under challenge in this writ petition.

4. Mr.V.Raghavachari, learned counsel for the petitioners, in support of this writ petition, made his submissions that the Power Grid Corporation has fixed a route in the year 2017 through Survey Numbers 201, 203 of Palanigoundapalayam Village, S.Nos.288 of Kosavampalayam Village and S.Nos.803 and 937 of Vavipalayam Village. The routes were fixed by affixing marks in the said land and a Resolution was also passed by the Grama Sabha on 01.05.2018 by referring those route for fixation of the year 2017. However in order to avoid the route through the lands of some powerful persons and to avoid an existing Windmill, they changed their alignment plan through the petitioners' land. The land owners in the original plan of the year 2017 are not having any serious objections for laying the Towers and for taking the lines through their lands. However, in order to satisfy some powerful people, they have changed their plan and changed the route. Mr.V.Raghavachari, learned counsel for the petitioners also referred a plan and submitted that it is the original plan with the route proposed in the year 2017 and also referred some of the photographs with the markings in S.Nos.201, 203 etc. as referred to above.

5. The Grama Sabha of the Panchayat passed a resolution on

01.05.2018 to take the 'Bee lines' in their Village through underground instead of overhead lines and in its resolution also they have referred the S.Nos.201, 203 of Palanigoundapalayam Village and S.Nos.288 of Kosavampalayam Village and S.Nos.803 and 937 of Vavipalayam Village. The respondent/Corporation has also admitted in their counter affidavit about a route whi