SATHYA SAI WAREHOUSING Vs. CHAIRMAN TAMIL NADU

JUDGEMENT

(1.) The petitioner filed the present writ petition seeking for a Certiorarified Mandamus calling for the records of 2nd respondent leading to the issue of the impugned order No.SE/GCC/CNI/AEE/MM/F.LRT/D 379/10 dated 25.5.2010 and quash the same as illegal and void and consequently direct the respondents to forbear from erecting electrical towers on the petitioner's lands in Survey Numbers 292/2, 293/5, 290/1, 293/7 & 289/3B without their consent and without following the due process of law. The petitioner, a private limited company, has filed this writ petition to quash the letter of the second respondent Superintending Engineer dated 25.05.2010 whereby the objection of the petitioner to realign the transmission line has been rejected by the Superintending Engineer stating that the erection of the tower lines was commenced based on the Government approval granted in G.O.Ms.No.102 Energy (C3) Department, dated 10.12.2009 as provided under Sections 68 and 164 of the Electricity Act, 2003. The Superintending Engineer also stated that the technical feasibility was considered at the time of drawing the proposal and approval of the project and therefore, deviation is not possible. It is also stated in the impugned proceedings that since the erection of the tower lines is as per approved scheme under Section 164 of the Electricity Act 2003, the petitioner should co-operate in its implementation. Challenging the said reply Mr. V. Parthiban, Learned Counsel appearing for the petitioner submits as follows:

(2.) It is, therefore, submitted that since the petitioner has sought for an alternative, the tower line should not be erected without the permission of the owner or occupier. He relies upon decisions of this Court to support his plea.

(3.) Per contra, learned Advocate General assisted by Mr. G. Vasudevan, Learned Counsel appearing for the respondents Electricity Board, contended that Section 164 of the Electricity Act 2003 gives the power to the Government for placing an electrical line or electrical plant for the transmission of Electricity and the provisions of the Indian Telegraph Act will be made applicable to the same for exercise of power thereon. Section 164 of the Electricity Act, 2003 reads as follows: