P. Kalimuthu v. District Collector, Karur District
2014-08-27
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment : R. Mahadevan, J. 1. Heard the learned counsel appearing on behalf of the appellant, the learned Special Government Pleader appearing on behalf of the first respondent as well as the learned counsel appearing on behalf of the respondents 2 and 3. 2. This Writ Appeal has been filed against the order of the learned Judge, dated 04.07.2014, made in W.P.(MD).No.20787 of 2013. The petitioner in the Writ Petition in W.P.(MD) No.20787 of 2013 is the appellant herein. 3. The petitioner/appellant herein, by way of mandamus, sought to prohibit the authorities from erecting the high tension electrical tower through his land in Survey Nos.351/A1, 352/A5, 352/B3 and 353/8 ad-measuring 9.60 acres situated at K.Pichampatti Village, Karur Taluk, Karur District. The claim of the petitioner/appellant herein is that without being conducted a proper enquiry, the respondents 2 and 3 have taken decision for shifting the line deviating from the original plan. On the other hand, the learned counsel appearing on behalf of the respondents 2 and 3 had submitted that the respondents have got power under Sections 10 and 16 of the Indian Telegraph Act, 1985 and also as per the Electricity Act, 2003, to complete the project. The learned Judge, considering the rival submissions and also following the Division Bench judgment of this Court in Sri Vignesh Yarns Pvt., Ltd., Vs. S. Subramaniam, [(2003) 1 MLJ 56], dismissed the Writ Petition holding that a direction to the respondents to shift the High Tension Transmission line, could not be issued, since the alignment was made by the experts considering various factors and even if there is a slight change in installing the tower in its alignment route, it would have chain reaction and that public interest had also been involved. 4. We are of the firm opinion that since the power is vested with the authorities for earmarking certain areas for the purpose of installing high tension electrical tower, the objection now raised by the appellant cannot be considered by this Court. 5. In such circumstances, we find no merit in the present Writ Appeal and the same stands dismissed. No costs. Consequently, the connected miscellaneous petition is dismissed.