T.THIRUMALAI Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) Aggrieved by the common order, dated 18.11.2015, dismissing W.P.(MD)No.11993 of 2015, etc. batch, filed by the appellants and some other similarly placed persons, the present writ appeals have been filed by the appellants. Writ petitions have been filed against the proposal of the Tamil Nadu Electricity Board/TANGEDCO to place Electricity Line/Towers for transmission of electricity through the lands owned by them in different villages, in the route, namely Alakarkoil - Natham -Sembatty.

(2.) According to the appellants, in the lands owned by them, they have planted trees such as mango, coconut, gooseberry, etc. and when they were ripe for harvest, during July, 2015, the officials of the Tamil Nadu Electricity Board has entered into their properties and attempted to cut down those trees. When they enquired with the officials, they were informed that Electricity Board is proposed to erect electric towers in the proposed route. Though the appellants have objected for the same, officials of the Electricity Board, along with police force, forcibly removed the appellants from their land. The officials of the Electricity Board also informed that the Board has already issued a Notification in the Tamil Daily "Dinamani" on 27.02.2015, about the project and therefore the appellants have no right over their property. It is the case of the appellants that, having no other efficacious and alternative, they are constrained to file writ petitions.

(3.) Before the writ court, it was the contention of the appellants that as per Section 12(2) of the Indian Electricity Act, 1910, obtaining prior consent from the owners of the land before laying any electric tower or line, is mandatory. No such prior consent from the appellants has been obtained by the Electricity Board. The action of the Electricity Board in erecting electricity line/towers in the lands of the appellants is in violation of Article 300 -A of the Constitution of India.