MANICKAM Vs. DISTRICT COLLECTOR PERAMBALUR TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.D.Balachandar, learned counsel appearing for Ms.A.G.Esthar Dorathy, learned counsel for the petitioner; Mr.Dig Vijaya Pandian, learned Additional Government Pleader appearing for the 1st respondent; Mr.G.Vasudevan, learned counsel appearing for respondents 2 to 5 and Mr.Rahul Balaji, learned counsel appearing for the 6th respondent.

(2.) THE petitioner has challenged the order dated 29.08.2008 passed by the District Collector/1st respondent herein vide proceedings in R.C.15252/C2/2008, wherein, in exercise of the powers conferred under Section 16(1) of the Indian Telegraph Act (Central Act XIII of 1885) read with Section 42 of Electricity (Supply) Act, 1948, taking into consideration the salient features of the scheme and in the larger interest of the public and the heavy loss that would occur in case of delay in the execution of the project, the District Collector has permitted the Superintending Engineer, Perambur Electricity Distribution Circle to enter upon the land in S.F.No.30/2A of Pujankarayanallur Village of Kunnam Taluk and erect Electric Tower in that land.

(3.) AFTER exhaustive arguments, learned counsel for the petitioner made a consistent plea that the owner of the land has to be paid compensation for diminution in land value when towers and poles are erected on and electric lines drawn over their lands. In this regard, he has relied on a Full Bench decision of the Kerala High Court reported in AIR 1996 KERALA 309 in the case of Arya Antherjanam vs. Kerala State Electricity Board, Trivandrum, wherein, it is held as follows: