Madras High Court
P.Kalimuthu vs The District Collector on 4 July, 2014
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2014 CORAM THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.20787 of 2013 and M.P.(MD) No.1 of 2013 P.Kalimuthu ... Petitioner Vs. 1.The District Collector, Karur District, Karur. 2.The Superintending Engineer, (General Erection), Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), K.Pudur, Madurai. 3.The Assistant Electrical Engineer, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), K.Pudur, Madurai. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondents 2 and 3 from erecting high tension electrical tower for 400KV Karaikudi - Pugalaur High Tension Transmission line through the middle of the petitioner's land situated in Survey Nos.351/A1, 352/A5, 352/B3 and 353/8, ad-measuring 9.60 Acres situated at K.Pitchampatti Village, Karur Taluk and District and further to direct the respondents 2 & 3 to erect high tension electrical tower at the place already marked namely at the southern edge of the petitioner's land. !For Petitioner ... Mr.B.Saravanan ^For 1st Respondent ... Mr.Aiyuram K.Selvakumar For Respondents ... Mr.S.M.S.Johny Basha 2 & 3 Standing Counsel for TANGEDCO :ORDER
This Writ Petition has been filed seeking to issue a Writ of Mandamus to forbear the respondents 2 and 3 from erecting high tension electrical tower for 400KV Karaikudi - Pugalaur High Tension Transmission line through the middle of the petitioner's land situated in Survey Nos.351/A1, 352/A5, 352/B3 and 353/8, ad-measuring 9.60 Acres situated at K.Pitchampatti Village, Karur Taluk and District and further to direct the respondents 2 & 3 to erect high tension electrical tower at the place already marked namely at the southern edge of the petitioner's land.
2. It is the case of the petitioner that the petitioner is the owner of the land in Survey No.351/A1, 352/A5, 352/B3 and 353/8, ad-measuring 9.60 Acres situated at K.Pitchampatti Village, Karur Taluk, Karur District. He is eking out his livelihood from the agricultural operation done in the said land. He has no other source of revenue. His land is also rich with limestone mineral. The TANGEDCO is in the process of drawing 400 KV Karaikudi - Pugalaur High Tension Transmission line and the officials of the TANGEDCO visited his land and at the Southern Corner a point was marked for erecting of Tower and marking stone has also been planted. The petitioner has no objection for erection of tower for the above said purpose at the place already marked as the same will deprive him of only one acre. Now, at the nearby area the towers have been erected in such a manner that the transmission line would be drawn through the middle of his land and in such a situation, his entire land would be rendered useless and the possibility of exploiting the mineral would become impossible. The petitioner is a very poor agriculturist and his entire family is depending upon the meager income from the farming of the said land. The petitioner's land is surrounded by the lands owned by a large cement company and in order to do favour to them, now action is being taken to drawn the line at the middle of his land. If the tower is erected at the place already marked by the electricity officials, there would be a minimum damage to the petitioner. Hence, the petitioner made a representation dated 07.12.2013, to the respondents, with a request to erect the high tension electrical tower at the place already marked viz. at the southern side of his land. The respondents have not responded to the same and hence, the petitioner has come forward with the present Writ Petition.
3. The respondents 2 and 3 have filed a counter inter-alia stating that the route of the above line is aligned with the aid of GPS and GIS (a Global Positioning System and Geographical Information System) by avoiding the township and developed habitat areas by using satellite. In fact, Remote Sensing Survey has been conducted from Pugalur 400 KV Sub Station to Sunguvarchatram 400 KV Sub Station. The spotting of towers were carefully done considering all technical factors by using total station instrument to minimize the damages as much as possible to the lands and crops. The alignment route has been finalized by the experts with the aid of satellite and scientific instruments. The experts while making the alignment take into consideration various factors and to minimize any collateral damages to the minimum. Under these circumstances the total length of alignment being 325 kilometer and duly mapped and the area of erecting the tower having been identified it would not be technically and economically feasible to realign or revise the alignment. The geo dimension of petitioner's land is so small compared to the geo dimension of the project. Even a slight change in the positioning of tower in the alignment route will have 'chain reaction' in the entire stretch of 325 kilometers. Any deviation from the present alignment will result in huge monetary loss to the Board. Only one tower is coming in S.No.352/B3 and not in other survey numbers which belongs to the petitioner and there is no deviation from the original plan. Hence, prays for dismissal of the writ petition.
4. The main submission of the learned counsel appearing for the petitioner is that the land in which the respondent is erecting high tension electrical tower is an agricultural land and it is the only land owned by the petitioner. Adjacent to the petitioner's land a large extent of lands are owned by a cement company and in order to favour them, the line is drawn at the middle of his land. Therefore, the respondents may be directed to erect the high tension electrical tower at the place already marked namely at the southern edge of the petitioner's land.
5. But it is the submission of the learned counsel appearing for the respondents 2 and 3 that the land has already been finalized by the experts and if there is any slight change in the positioning of tower in the alignment route, it will have a chain reaction in the entire stretch of 325 kilometers. Therefore, the realignment is not possible.
6. In support of his contention, the learned counsel appearing for the respondents 2 and 3 relied on the unreported judgment of the Division Bench of this Court in W.A.(MD) No.602 of 2011 dated 23.08.2011 between C. Ram Prakash and another v. Power Grid Corporation of India Ltd., and another, wherein it has been held that the Power Grid Corporation of India Ltd., has got power under Sections 10 and 16 of the Indian Telegraph Act, 1985 and such a power has been conferred upon it in public interest and considering the object behind the Indian Telegraph Act and the Electricity Act, 2003, and in view of the power available under Section 10 of the Indian Telegraph Act, 1985, the Power Grid Corporation of India Ltd has got every jurisdiction to erect the towers. He also relied on the judgment of the Division Bench of this Court reported in (2013) 1 MLJ 56 in the case of Sri Vignesh Yarns Pvt. Ltd. v. S. Subramaniam, wherein it has been held that District Collector was not empowered either under Section 16 or Section 17 of the Indian Telegraph Act to decide upon the route and his power was more in the nature of execution of a decision taken under Section 10 of the Act or under Section 67 or 68 of the Electricity Act, 2003 and the original route which was proposed was technically more feasible and it would be in the interest of the public.
7. Keeping the above dictum laid down by the Division Bench of this Court, this Court is of the view that when the alignment was made by the experts taking into consideration various factors and even if there is a slight change in the positioning of tower in the alignment route it will then have chain reaction, and hence this Court cannot direct the respondents to shift the High Tension Transmission line. Further, R.SUBBIAH,J sj this Court cannot entertain the prayer, since public interest is involved in this matter. Hence, the Writ petition is liable to be dismissed.
8. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected M.P.(MD) No.1 of 2013 is also dismissed.
To
1.The District Collector, Karur District, Karur.
2.The Superintending Engineer, (General Erection), Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), K.Pudur, Madurai.
3.The Assistant Electrical Engineer, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), K.Pudur, Madurai.