LAWS(MAD)-2016-7-296

K KARUPPA GOUNDER Vs. DISTRICT COLLECTOR; TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD; SUPERINTENDING ENGINEER TIRUPPUR ELECTRICITY; SUPERINTENDING ENGINEER TAMIL NADU TRANSMISSION CORPORATIONS

Decided On July 21, 2016
K Karuppa Gounder Appellant
V/S
District Collector; Tamil Nadu Generation And Distribution Corporation Ltd; Superintending Engineer Tiruppur Electricity; Superintending Engineer Tamil Nadu Transmission Corporations Respondents

JUDGEMENT

(1.) Ms.P.Kavitha, learned Government Advocate, takes notice on behalf of the 1st respondent and Mr.S.K.Rameshwar, learned Standing Counsel takes notice on behalf of the respondents 2 to 4 and with their consent, the main writ petition itself is taken up for final disposal.

(2.) This writ petition has been filed for the issuance of a writ of mandamus forbearing the 3rd and 4th respondents, from in any manner erecting 250 KVA HT Line in the petitioner's agriculture land bearing S.F. No.250/2, Chokanoor Village, Avinasi Taluk, Tiruppur District or draw High Voltage Electrical Lines over them without following the provisions of the Electricity Act, 2003 and the Indian Telegraphic Act 1885.

(3.) The petitioner is the owner of the property comprised in Survey No.250/2, Chokanoor Village, Avinasi Taluk, Tiruppur District, measuring an extent of 4 acres. In June 2016, the officials from the office of the 2nd respondent made an attempt to install 230 KVA High Tension Transmission Tower in his land. Therefore, the petitioner gave a complaint to the District Collector on 20.06.2016 and also to the 3rd respondent. However, so far, no reply has been received from the respondents. In the meanwhile, respondents 2 to 4 are making attempts to enter upon the property and to erect High Tension Transmission Tower in the petitioner's property. Therefore, the petitioner has come before this Court by way of this writ petition.