LAWS(MAD)-2009-10-326

M PONNUSWAMY Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

Decided On October 29, 2009
M. PONNUSWAMY Appellant
V/S
CHAIRMAN, TAMIL NADU ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THE petitioners have come up with the present writ petition for mandamus forbearing the respondents from erecting any towers taking high tension wire or line over their property in Survey No.480/1 situated at Sangothipalayam, Kaniyur Post, Karumatham Patti, Sulur Taluk, Coimbatore District.

(2.) THE short matrix of the matter is set out hereunder:-2.1. THE petitioners are the owners of the land in Survey No.480/1, situated at Sangothipalayam measuring about an extent of 1 - acres. A substation belonging to Tamil Nadu Electricity Board (T.N.E.B) is located at Arasur Village, Sulur Taluk, Coimbatore District. For the past twenty years, electricity is being supplied to Aviniash Taluk and Annur Taluk from this substation. To facilitate the supply of electricity, several towers were erected between the Arasur substation to the concerned taluks. Sangothipalayam is one among the several villages in which towers were erected for the supply of electricity. Construction is in progress to start a 'Power Grid Station' at Karumathampatti, Coimbatore District. THE Tamil Nadu Electricity Board had decided to supply electricity to the 'Power Grid Station' Karumathampatti, Coimbatore from the sub-station, Arasur Village, Sulur Taluk, Coimbatore and therefore it became necessary to have a twelve line transmission system. In the year 2007, T.N.E.B. built several concrete structure to erect the towers towards the left side of the existing towers.2. 2. In May 2009, the electricity department gave up its earlier proposals and started building new concrete structure for the erection of towers on the right side of the existing towers. Two concrete structures were built on the north and south sides of the petitioners property. No notice was served to the petitioners by the electricity department as the heavy line wires are going to cross over their property. If the high tension wires cross the entire 1 - acres of the land of the petitioners, there will be huge depreciation in the value of the land. THE deviation in the route is being made only to benefit a neighbouring land owner.2.

(3.) BOARD has invested huge amount, erected 100% of the towers and 90% of the stringing of the line. At this stage the petitioners have filed this writ petition with untenable grounds. If the petitioners feel that there will be depreciation of the value of their land they can very well approach the District Collector for compensation. However, they have no right to stall the implementation of the scheme.4.