Madras High Court
R.Kamalakannan vs The Chairman Cum Managing Director on 21 August, 2019
Equivalent citations: AIRONLINE 2019 MAD 1450
Bench: S.Manikumar, Subramonium Prasad
WP.No.1788 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
WP.No.1788 of 2018
R.Kamalakannan ... Petitioner
vs.
1. The Chairman cum Managing Director,
Tamil Nadu Generation and Distribution Corpn Ltd.,
Anna Salai,
Chennai - 600 002.
2. The Superintending Engineer,
Tamil Nadu Generation and Distribution Corpn Ltd.,
Thiruvallur Distribution,
Kancheepuram EDC, Anna Salai,
Oilmohamedpet,
Kancheepuram.
3. The Executive Engineer,
Operation and Maintenance,
Tamil Nadu Generation and Distribution Corpn Ltd.,
Sanathi Street,
Sriperumbudur - 602 105.
4. The Block Development Officer,
Poonamallee Panchayat Union,
Poonamallee,
Chennai - 600 056. ... Respondents
WRIT Petition filed under Article 226 of the Constitution of India, praying
for issuance of a writ of mandamus, directing the respondents 1 to 3 herein
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WP.No.1788 of 2018
to remove the Electric Transformer erected / located in the middle of the
road in S.No.112 of Nemam Village, Poonamallee Taluk, Poonamallee
Panchayat Union, Thiruvallur District to any other safe, secure and not
dangerous places in the village forthwith.
For Petitioner : Mr.M.R.Jothimanian
For Respondents : Mr.S.K.Rameshuwar (for R1 to R3)
Standing Counsel for TANGEDGO
Mr.Akhil Akbar Ali (for R4)
Additional Government Pleader.
ORDER
(Order of the Court was made by S.MANIKUMAR, J) Claiming himself to be a resident of Kuthambakkam Village, Poonamelle Taluk, Thiruvallur District and owning agricultural land in S.No.87/3A2 of Nemam Village, Poonamallee Taluk, Thiruvallur District, petitioner has filed the instant public interest writ petition, seeking for issuance of a writ of mandamus, directing the Chairman-cum-Managing Director, TANGEDCO, Chennai, Superintending Engineer, TANGEDCO, Thiruvallur Distribution, Kancheepuram EDC, Kancheepuram and the Executive Engineer, Operation and Maintenance, TANGEDCO, Sriperumbudur, respondents 1 to 3 respectively, to remove the Electric Transformer erected / located in the middle of the road in S.No.112 of Nemam Village, Poonamallee Taluk, Poonamallee Panchayat Union, Thiruvallur District, to any other safe, secure and not dangerous place in http://www.judis.nic.in 2/14 WP.No.1788 of 2018 the village forthwith.
2. Facts leading to the filing of the writ petition are as under.
(i) According to the petitioner, a 30 feet road is running through S.No.112 in Nemam, Poonamallee Taluk, Thiruvallur District and this road connects Nemam Village and Kuthambakkam Village. The road joins Thiruvallur - Thirupathy High Road at 1 Kilometer. Said road is maintained by the Block Development Officer, Poonamallee Panchayat Union, Poonamallee, the 4th respondent herein and is used by petitioner and also by a large number of people living in about 10 villages, in and around Nemam and Kuthambakkam Villages and other villages, originating from Thiruvallur and terminating at Thirupathy High Road.
(ii) Petitioner has further stated that villagers of Kuthambakkam and Nemam Villages depend on the road for transporting their agricultural products and various other day-to-day activities. Grievance of the petitioner is that the Chairman-cum-Managing Director, TANGEDCO, Chennai, Superintending Engineer, TANGEDCO, Thiruvallur Distribution, Kancheepuram EDC, Kancheepuram and the Executive Engineer, Operation and Maintenance, TANGEDCO, Sriperumbudur, respondents 1 to 3 respectively, have erected a transformer, almost in the middle of the road obstructing the free flow of traffic in S.No.112 of Nemam Village, http://www.judis.nic.in 3/14 WP.No.1788 of 2018 Poonamallee Taluk, Thiruvallur District.
(iii) Petitioner has further submitted that the villagers are experiencing innumerable difficulties while passing through the road, since the electric transformer has been erected by the respondents 1 to 3, almost in the middle of the road. Even bullock cart finds it difficult to negotiate at the point. It affects free movement of the public, cattle, bullock carts and transport vehicles.
(iv) Petitioner has also submitted that during rainy seasons, sparks are emanating from the above Electric Transformer posing a serious and dangerous threat to the safety and security of not only the petitioner, but also the other users of the road. Public have to live in constant threat to their security and safety and they suffer under lurking danger of likely accident of electrocution or any other unexpected accident traceable to the said electrical transformer.
(v) Contending that the electrical transformer is virtually standing in the middle of the road, as a dangerous demon out to cause any accident at any time, petitioner has sent a letter dated 22.11.2017 to the respondents to shift the transformer from the middle of the road in S.No.112 of Nemam Village, Poonamallee Taluk, Thiruvallur District, to some other safe place, http://www.judis.nic.in 4/14 WP.No.1788 of 2018 in the same village, so that the petitioner and the public of Nemam Village, Kuthambakkam Village and other villages located in the way side, can freely move and use the road without any fear to their safety and security. As no action has been taken on his letter dated 22.11.2017, petitioner has filed the instant writ petition, for the prayer stated supra.
3. On notice Superintending Engineer, TANGEDCO / CEDC/ Chengalpattu, the 2nd respondent herein has filed a counter affidavit and it reads as under.
(i) Larger area in and around the Transformer structure has been a vacant land for very many decades. Many of the lands were agricultural lands. In order to provide electricity supply to the agriculturists, about 35 years back, may be in or about the time of birth of the petitioner, a transformer structure was erected in the vacant land to cater to the needs of the agriculturists. It appears that, very recently, may be in the year 2017, a larger extent of agricultural land has been converted as house sites by a land developer and it also appears that the petitioner is also having business or personal interest through land transactions in the same. It is also reliably learnt that an extent of 13218 Sq. Meter of vacant land was handed over to Poonamallee Panchayat Union through a Gift Deed in the http://www.judis.nic.in 5/14 WP.No.1788 of 2018 year 2017 in furtherance of the decision to convert agricultural lands into Layout of House sites. Thereafter, in one or two places road was newly laid very recently. It is not known whether the Panchayat has laid the Road or the Developer himself has laid the road so as to sell the house sites or to project, as if a transformer was laid in the road and to file this writ petition.
(ii) Land Promoters viz., Ashoka Nandavanam Real Estate has made an application dated 24.12.2017 for shifting of the High Tension and Low Tensions Lines from the present place to some other place. Further details were called for and thereafter, estimate was prepared and sent to the competent authority of the TANGEDCO for sanction. After getting sanction, on receipt of payment from the said applicant and issuance of work order the work will be taken up and completed.
(iii) Simultaneously the petitioner, as if he is a stranger to the land conversion transactions, has made a complaint projecting as if the TANGEDCO has put up the transformer on the road. The petitioner was also replied by letter dated 29.01.2018 to show any other place for shifting the transformer and to bear the cost. It appears that the objective of the petitioner is to shift the HT and LT lines with the transformer & its http://www.judis.nic.in 6/14 WP.No.1788 of 2018 structure from the present place to any other place, other than the newly developed layout without making any payment for shifting and also unmindful of the requirement of other person including an agriculturist in the vicinity.
(iv) As per regulation 5(6)(1) of the Tamil Nadu Electricity Supply Code, 2004, which is a subordinate legislation under the Electricity Act, 2003, the cost of shifting service / line, structure and equipments shall be borne by the person who seeks to shift the transformer. Hence, if the petitioner or the developer, who has converted the agricultural lands into a Housing Layout, specifies an alternative place, and if such place is not objected to by others, if the same is found technically feasible and on receipt of the charges for the shifting of the transformer together with the structure, the work of shifting will be taken up and completed within the reasonable time.
4. Heard the learned counsel for the parties and perused the materials available on record.
5. Regulation 5(6)(i) of Tamilnadu Electricity Supply Code, 2004 reads thus.
5.(6) Service / line, structure and equipments shifting charge: (1) http://www.judis.nic.in 7/14 WP.No.1788 of 2018 The cost of shifting service / line, Structure and equipments shall be borne by the consumer. The consumer shall pay the estimated cost of shifting in advance in full. The copy of the estimate shall be given to the consumer. The shifting work will be taken up only after the payment is made.
The estimate will cover the following: -
i. Materials dismantled in the old site and reusable shall be used in the new site as far as possible.
ii. 10% of the present value of the dismantled and reusable materials towards charges for dismantling and charges for loading, unloading, transport to the new site / store.
iii. Cost of the new materials required for the shifting work. iv. Add 5% of the cost of new materials towards loading, unloading and transport to new site.
v. Add 10% of the present value of all the materials to be erected in the new site towards erection charges.
vi. 5% of the present value of retrievable scrap materials towards transport charges.
vii. Due credit shall be given to the consumer / applicant as below but however limited to the total estimated cost of new work:
(a) Book value / written down value subject to a minimum of 20% of the cost of retrievable and reusable materials but not used in the new site.
(b) Scrap value on the retrievable but not reusable materials at not less than 10% of its original value.
viii. After completion of the work, a revised estimate shall be prepared with a copy to the consumer based on the actual cost of materials, loading, unloading, transport and erection charges. If the original estimate cost is more than the revised estimate, the balance shall be refunded to the applicant / consumer within 3 months. If the original estimate cost is less than the revised estimate, the difference shall be collected from the applicant / consumer."
6. A perusal of the counter affidavit shows that on 29.01.2018, http://www.judis.nic.in 8/14 WP.No.1788 of 2018 petitioner has been informed to identify the place for shifting the HT and LT lines with the transformer & its structure, from its present place to any other place. Though, the petitioner has received the said letter, so far, he has not identified the place.
7. Representation of the petitioner to the Junior Engineer, Tamil Nadu Electricity Board, Thirumazhisai, Chennai dated 07.12.2017 reads thus.
"R.tpLeu;
fkyf;fz;zd;
Fj;jk;ghf;fk; tpny$;
brd;id/ bgWeu;
jpU/ ,sepiy bghwpahsu; mtufs;
jkpH;ehL kpd;rhu thhpak;
jpUkHpir. brd;id/ bghUs;
jpU/ ,sepiy bghwpahsu; mtu;fSf;F ,f;foj;jpd; K:ykhf eh';fs; nfhUtJ vd;dbtd;why; nekk; tpny$; rptd; nfhtpy; mUfhikapy; cs;s rhiyapy; eLtpy; (Transformer)mike;Js;sjhy; mjid ntW ,lj;jpy; mikj;J jUkhW jhH;iknahL nfl;Lf;bfhs;fpd;nwhk;/ Vz; vd;why; Cu;kf;fs; gad;ghl;of;F ,ila{uhft[k; ,Ur;rf;fu thfd';fs; ouhf;lu; kw;Wk; gs;sp thfd';fs; bry;y jilahft[k; cs;sjhy; me;j (TransformerI) khw;wp mikf;FkhW gzpnthL nfl;L bfhs;fpd;nwhk;/ mjw;fhd brytpid eh';fns Vw;Wf;bfhs;fpd;nwhk; vd;gij ,jd;K:yk; bjhptpj;Jf; bfhs;fpd;nwhk;/ ,g;gof;F Xg;gk;?-
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8. DCW (Deposit Construction Work), agreement of the petitioner reads thus.
UNDERTAKING FOR DCW
1. I undertake to pay the cost of estimate amount for this Proposed deviation of LT/HT lines before execution of the works.
2. I undertake to pay the cost of escalation if any, caused during the execution of the works, which will be informed after the completion of the work.
3. I undertake to bear the cost of materials broken or which becomes unserviceable during the execution of works.
4. I undertake that I shall not claim any right over the ownership of the materials used as further maintenance of the lines rests with the Tamilnadu electricity board.
5. I undertake that the Tamilnadu electricity board reserves the right to tap lines for others and I shall not claim any refund on a later date.
6. I undertake that if the event of this board could not execute the works due to unforeseen circumstances / court cases etc., I agree to get back the amount paid by me without insisting for the execution of the works.
7. I agree for the recovery of cost of estimates by including such cost in the C.C. bill.
8. I undertake to arrange for the "way leave" by me for execution of the works as per the provisions of terms and conditions of supply of electricity."
9. Reply of the Junior Engineer, TNEB, Thirumazhisai, dated 29.01.2018, addressed to the petitioner reads thus.
f/vz;/,epbgh-, & g -jpUik-nfhfl;L-vz;/019-1718 ehs; 29/01/2018 http://www.judis.nic.in 10/14 WP.No.1788 of 2018 ma;ah.
bghUs; kpd;rhuk; ? nekk; SS100KVA rptd; nfhapy;
nekk; mUnf cs;s 100KVA kpd;khw;wpia ve;j ,lj;jpy; khw;wpaikf;f ntz;Lk; vd nfhUjy; ? rk;ge;jkhf ghu;it jh';fs; tpz;zg;g fojk;
********* nekk; fpuhkj;jpy; rptd; nfhapy; mUnf cs;s nekk; SS100KVA kpd;khw;wpia khw;wp mikj;J jUkhW nkw;fz;l ghu;itapd;go tpz;zg;gk;
mspj;Js;sPu;fs;/ Mdhy; v';F khw;wp mikf;f ntz;Lk; vd ve;jtiuglKk; mspf;ftpy;iy/ vdnt ,e;j fojk; fz;lt[ld; me;j kpd;khw;wpia g[jpajhf ve;j ,lj;jpy; khw;w mikj;J ju ntz;Lk; vd tiuglk; tiue;J ,t;tYtyfj;jpy; rku;gpf;FkhW nfl;Lf;bfhs;sg;gLfpwJ/ Xg;gk;-?
,sepiy kpd; bghwpahsu;
jpUkHpir
10. When attention of the above was brought to the notice of Mr.M.R.Jothimanian, learned counsel for the petitioner, submitted that the above events were subsequent to the filing of the writ petition, but acting on the letter dated 29.01.2018, the petitioner would identify the place and inform the concerned Junior Engineer of TANGEDCO. Submission of the learned counsel for the petitioner is placed on record.
11. On identification of the place, feasibility of shifting the HT and LT lines with the transformer & its structure on the place identified, be examined and if it is feasible, respondents are directed to consider the http://www.judis.nic.in 11/14 WP.No.1788 of 2018 application dated 07.12.2017 alongwith the undertaking for DCW (Deposit Construction Work), prepare estimate for the abovesaid work and consequently, pass appropriate orders directing the petitioner to make payment for shifting the HT and LT lines with the transformer & its structure, to the newly identified place. Further, on receipt of payment for shifting and any other charges payable by the petitioner, respondents shall shift the HT and LT lines with the transformer & its structure.
12. With the above directions, the instant writ petition is disposed of. No Costs.
(S.M.K., J.) (S.P., J.) 21.08.2019 Index: No Internet: Yes Speaking/Non speaking ars http://www.judis.nic.in 12/14 WP.No.1788 of 2018 To
1. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corpn Ltd., Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corpn Ltd., Thiruvallur Distribution, Kancheepuram EDC, Anna Salai, Oilmohamedpet, Kancheepuram.
3. The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corpn Ltd., Sanathi Street, Sriperumbudur - 602 105.
4. The Block Development Officer, Poonamallee Panchayat Union, Poonamallee, Chennai - 600 056.
http://www.judis.nic.in 13/14 WP.No.1788 of 2018 S.MANIKUMAR,J.
AND SUBRAMONIUM PRASAD, J.
ars/dm WP.No.1788 of 2018 21.08.2019 http://www.judis.nic.in 14/14