Madras High Court
WP(MD)/24214/2017 of D.SENTHILKUMAR Vs THE STATE OF TAMIL NADU on 28 December 2017
BENCH OF MADRAS HIGH COURT DATED: 28.12.2017 CORAM: THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)Nos.24214 and 24215 of 2017 and W.M.P.(MD)Nos.20325 and 20326 of 2017 D.Senthilkumar : Petitioner in W.P.(MD)No.24214/2017 P.Dasan : Petitioner in W.P.(MD)No.24215/2017 Vs. 1. The State of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.12.2017CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)Nos.24214 and 24215 of 2017andW.M.P.(MD)Nos.20325 and 20326 of 2017
D.Senthilkumar : Petitioner in W.P.(MD)No.24214/2017P.Dasan : Petitioner in W.P.(MD)No.24215/2017
Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Energy Department, Fort St. George, Chennai.2.The Director (Projects), National Hydro Electric Power Corporation Ltd., NHPC Office Complex, Sector 33, Faridabad – 121 003. Haryana State.3.The District Collector, Dindigul District, Dindigul.4.The Superintendent of Police, Dindigul District, Dindigul.
5.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation Ltd., K.Pudur, Madurai.
6.The Assistant Executive Engineer, Transmission Line and Construction, Tamil Nadu Transmission Corporation Ltd., Meenakshinaickkanpatti, Dindigul – 624 002.
: Respondents in both Writ Petitions
PRAYER in W.P.(MD)No.24214 of 2017: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus,directing the respondents not to erect tower and transmission linehttps://hcservices.ecourts.gov.in/hcservices/in the petitioner's patta land to an extent of 5.47 Acres of landwith 150 fruit bearing coconut trees comprised in Survey Nos.957/1, 957/2B, 1005/2B and 1005/5C situated at ViralipattiVillage, Nilakkottai Taluk, Dindigul District on the basis of therepresentation of the petitioner dated 15.12.2017.
PRAYER in W.P.(MD)No.24215 of 2017: Petition filed under Article226 of the Constitution of India, to issue a Writ of Mandamus,directing the respondents not to erect tower and transmission linein the petitioner's patta land to an extent of 6.22 Acres of landwith 48 fruit bearing coconut trees comprised in Survey Nos.998,999/2, 997/1, 997/2, 1000/2B and 1001/4A situated at ViralipattiVillage, Nilakkottai Taluk, Dindigul District on the basis of therepresentation of the petitioner dated 15.12.2017.
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COMMON ORDER
The present writ petitions have been filed to direct therespondents not to erect tower and transmission line in thepetitioners patta land situated at Viralipatti Village,Nilakkottai Taluk, Dindigul District on the basis of therepresentation of the petitioners dated 15.12.2017.
2. Mr.A.K.Baskarapandian, learned Special Government Pleadertakes notice for the respondents 1, 3 and 4, Mr.K.Sekar, learnedStanding Counsel takes notice for the second respondent andMr.E.P.Venkateshwar, learned counsel for Mr.S.M.S.Johnny Bashatakes notice for the respondents 5 and 6.
3. It is the case of the petitioners that the petitionersare the owners of 5.47 and 6.22 acres of agricultural lands with150 and 48 coconut trees on it in Survey Nos.957/1, 957/2B,1005/2B & 1005/5C and 998, 999/2, 997/1, 997/2, 1000/2B and1001/4A, respectively situated at Viralipatti Village, NilakottaiTaluk, Dindigul District.
4. According to the petitioners, the second respondent whichis a Central Government undertaking is laying High TensionTransmission Power Lines over the petitioner's property. Bylaying the lines, according to the petitioners, the coconut treesin the property will have to be uprooted which will cause heavyloss and hardship to the petitioners. Therefore, the petitionershttps://hcservices.ecourts.gov.in/hcservices/had given a representation to all the respondents on 15.12.2017requesting the respondents that without paying adequate
compensation, the respondents should not lay the High TensionTransmission Power Lines over their agricultural property. 5.Learned counsel for the petitioners submitted thatdespite receipt of the said representation, no reply was sent bythe respondents. He would further submit that no show cause noticehas been received by the petitioners till date. The learnedcounsel for the petitioners drew the attention of this Court toSection 10 of the Indian Telegraph Act, 1885, which reads asfollows:
“10.Power for telegraph authority to place andmaintain telegraph lines and posts.—The telegraphauthority may, from time to time, place and maintain atelegraph line under, over, along, or across, and postsin or upon any immovable property:
Provided that— (a) the telegraph authority shallnot exercise the powers conferred by this section exceptfor the purposes of a telegraph established or maintainedby the [Central Government], or to be so established ormaintained; (b) the [Central Government] shall not acquire anyright other than that of user only in the property under,over, along, across in or upon which the telegraphauthority places any telegraph line or post; and
(c) except as hereinafter provided, the telegraphauthority shall not exercise those powers in respect ofany property vested in or under the control or managementof any local authority, without the permission of thatauthority; and (d) in the exercise of the powers conferred bythis section, the telegraph authority shall do as littledamage as possible, and, when it has exercised thosepowers in respect of any property other than thatreferred to in clause (c), shall pay full compensation toall persons interested for any damage sustained by themby reason of the exercise of those powers.”
6. According to the petitioners, the respondents have notadhered to the principles of natural justice by issuing prior showcause notice before laying the High Tension Transmission PowerLines over the property of the petitioners.
7. Per contra, learned Standing Counsel for the secondrespondent would submit that the High Tension Transmission PowerLines have to be laid over the property belonging to thepetitioners as well as adjoining lands for the purpose of TamilNadu Solar Power Project which is a venture of the CentralGovernment. Under the said project, power is generated by thehttps://hcservices.ecourts.gov.in/hcservices/second respondent and given to the fifth and sixth respondents.
8. Admittedly, there is no written reply given by the respondents to the representation dated 15.12.2017 given by thepetitioners. Even though, as seen from the provisions of theIndian Telegraph Act, 1885, there is no necessity to give priornotice before laying High Tension Transmission Power Lines overthe property of the petitioners. Therefore, this Court is of theview that the respondents should have given a written reply to therepresentation dated 15.12.2017 sent by the petitioners.
9. Considering the facts and circumstances of the case, thisCourt is of the considered view that the District Collector,Dindigul District, the third respondent herein, who is thedeciding authority shall dispose of the representation of thepetitioners, dated 15.12.2017 within a period of one week fromtoday by giving ample opportunity to the petitioners by way ofsubmission of documents in support of their stand and also givingthem a personal hearing and pass final orders on merits and inaccordance with law. Till the disposal of the representation givenby the petitioners dated 15.12.2017, the respondents shall not laythe High Tension Transmission Power Lines over the property of thepetitioners.
10. Accordingly, the Writ Petitions are disposed of.However, there shall be no order as to costs. Consequently,W.M.P.(MD)Nos.20325 and 20326 of 2017 are closed. Sd/-Vacation officer/ Assistant Registrar(CS-III)/True copy/
To
1. The Principal Secretary, State of Tamil Nadu, Energy Department, Fort St. George, Chennai.
Sub Assistant Registrar
2. The Director (Projects), National Hydro Electric Power Corporation Ltd., NHPC Office Complex, Sector 33, Faridabad – 121 003. Haryana State.3.The District Collector, Dindigul District, Dindigul.
https://hcservices.ecourts.gov.in/hcservices/
https://hcservices.ecourts.gov.in/hcservices/4.The Superintendent of Police, Dindigul District, Dindigul. Dindigul District, Dindigul.
5. The Superintending Engineer,General Construction circle,Tamil Nadu Transmission Corporation Ltd.,K.Pudur, Madurai.6.The Assistant Executive Engineer,Transmission Line and construction,Tamil Nadu Transmission Corporation Ltd.,Mennakshinaickkanpatti,Dindigul – 624 002.
+2cc to Mr.S.M.S.JOHNNY BASHA,Advocate,SR. 95150,95151+2cc to Mr.R.R.KANNAN,Advocate,SR. 95148,95149+1cc to Mr.K.SEKAR,Advocate,SR. 95147+1cc to M/S.Special Government Pleader,SR. 95158
W.P.(MD)Nos.24214 and 24215 of 2017andW.M.P.(MD)Nos.20325 and 20326 of 201728.12.2017
MRKK/SV MMS/SAR 4/28.12.2017/ 5P- 13C/