EXECUTIVE ENGINEER CIVIL TRANSMISSION LINE CONSTRUCTION GENERAL CONSTRUCTION CIRCLE TAMIL NADU ELECTRICITY BOARD Vs. AVANASHI GOUNDER

JUDGEMENT

(1.) These Writ Appeals arise out of the order dated 11.3.2002 made in W.P.No.20929 of 2000 quashing the proceedings of the District Collector, Erode dated 28.11.2000 made in Ref.No.64859/2000/K-4, whereby the District Collector, Erode, permitting Tamil Nadu Electricity Board (in short, "TNEB") for stringing lines at location 18 and 19 in R.S.No.893/2 of Suriampalaym Kanjikoil village. Learned single Judge also directed removal of all poles erected in S.F.No.893/2 of Kanjikoil village, Erode District. For the sake of convenience, the parties are referred to as per their array in Appeal preferred by the TNEB.

(2.) The brief facts are that the TNEB established a 110 K.V. Sub Station at Gandhinagar near Suriampalayam village in Perundurai Taluk, Erode District. For the said Sub Station, a 110 K.V. D.C. line is stapped off from existing Gobi- Erode 110 K.V. D.C. line located in between 326 to 327 (near Chinniyampalayam) is to be laid to connect the Sub Station to the existing E.H.T. line. The 1st Respondent, Chinnasamy and Sigamani, who are the land owners of Survey No.893/2 raised objection for erection of towers in between the span 18 and 19 in their lands. The Objectors have also filed a Cviil Suit before the District Munsif' Court, Perundurai in O.S.No.28 of 2000 and in I.A.No.124 of 2000 the Civil Court has granted interim stay. Since the land owner obstructed the work, TNEB approached the 2nd Respondent/District Collector seeking permission to TNEB to exercise the powers under Section 10 Part III of P&T Act. Notices were issued to the Objectors and TNEB for enquiry on 7.11.2000. Both the Objectors and TNEB authorities appeared for enquiry and the 2nd respondent/District Collector enquired both the land Owner and TNEB officials.

(3.) On direction of the 2nd Respondent, District Revenue Officer along with the land owner and TNEB officials inspected the field in S.F.No.893/2, Kanjikoil village and District Revenue Officer submitted report to the District Collector. Upon consideration of the objections and also District Revenue Officer's report, the District Collector passed the impugned order dated 28.11.2000 made in Ref.No.64859/2000/K-4 granting permission to the TNEB to exercise the powers under Section 10 Part III of Telegraph Act, 1885 for stringing lines at location 18 and 19 in R.S.No.893/2 of Suriampalaym Kanjikoil village and permitted TNEB to continue the project.