R RAJENDRAN Vs. SENIOR ENGINEER, TAMIL NADU TRANSMISSION CORPORATION LTD ; SUPERINTENDENT ENGINEER, GENERAL CONSTRUCTION CIRCLE; EXECUTIVE ENGINEER, TAMIL NADU TRANSMISSION CORPORATION LTD ; ASSISTANT EXECUTIVE ENGINEER, TAMIL NADU TRANSMISSION CORPORATION LTD

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The petitioner further submits that immediately after he objected for erection of High Tension Electricity Tower in his lands without any notice to him, the aforesaid employees informed him that they are carrying out the work at the instructions and instance of their higher ups, viz., the respondents herein and he was advised to approach the respondents and to get necessary relief from his plot being subjected for erecting High Tension Electricity tower and also from drawing High Tension Electricity Lines. Immediately, on 19.02.2014 he went to the office of the respondents 3 and 4 to explain and ventilate grievances and also about his poor economic status, that apart to request them to erect and draw lines in the Government lands, which are suitable just adjacent to his lands, in that event, it would not cause any loss or damage to any public. Unfortunately, the respondents had failed to give him an opportunity to meet them in person and he returned with great disappointment.

(3.) The petitioner further submits that since the respondents refused to meet him in person, he sent a detailed representation, dated 21.02.2014, to the respondents putting forth his grievances and also requesting them to drop the erection and drawing of the tower line in his lands and also requested them to do the same in the adjacent Government land. He further submits that he categorically informed the respondents that they have not issued any notice to him before commencing the erection of High Tension Electricity Tower and Line through his lands, as the drawing of line causes permanent damage to his cultivation. Having received the notice, the respondents have not considered his representation till date for the reasons best known to them. Further there are sufficient Government lands available just adjacent to his lands and the respondents can very well erect the Electricity Tower and draw the High Tension Lines in the Government lands without causing any trouble or damage to his and others from cultivating the lands. He further submits that once the respondents had erected the tower and drawn the line then, he cannot use the land under the tower and line for cultivation or any other purpose and it will cause permanent loss to him. That apart, the drawing of line across land will reduce or diminish the utility and value of the land. Though there is an alternative lands available for the respondents to draw the line just adjacent to his lands, but without even considering the above aspect and without taking into consideration or account the loss caused to him, the respondents have unilaterally decided to erect the Electricity Tower and High Tension Line across his lands without any notice to him, in order to defeat his right and interest over the said lands. The respondents ought to have issued notice to him before commencing their erection work in his lands, as they are causing permanent damage to his lands and also to his income by demolishing his well grown mangrove, Teak and tamarind trees, which are more valuable and they are the only income to enable him to lead his day to day life. Unfortunately, the respondents by their high handedness refused to hear him and also threatening him to take criminal action, if he prevents them from carrying on their work in his lands, which is highly unjustifiable and untenable. Even though the work or project of the respondents is for public purpose, the respondents cannot take the laws into their hands under that guise, so as to trespass into private properties like the petitioner, and thereby trying to cause huge loss.