V. Kalyan v. Tamilnadu Electricity Generation and Distribution Corporation Ltd.
2016-03-21
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : The only point which has been raised by the learned Counsel appearing for the petitioner is that the electricity tower and the line were sought to be erected in the petitioner's land and a portion of the land will get affected due to the same. Hence, the petitioner made an objection on 14.03.2016, but the same was not considered by the respondents so far. 2. She further submits that as per the Division Bench Judgment of this Court in 2010 3 L.W 880 (The Executive Engineer, Civil Transmission Line Construction vs. Avanashi Gounder and another), which has been followed subsequently, by this Court in 2016(1) CTC 669, (Dr. B. Shivakumar vs. Tamil Nadu Transmission Corporation Limited (TANTRANSCO), when there is an objection, it shall be considered by the authority and thereafter only appropriate orders be passed. 3. The learned Standing Counsel appearing for the respondents submits that first of all, the objections have been received only day-before-yesterday prior to the work commenced and the petitioner also wants that the line should be deviated, so that the line would come at the end of his property. She further submits that it is also not feasible, because nearly 20 towers were already erected out of 32 and the work is in progress. But, he also contended that if the petitioner objected to it, the same will be considered only by the District Collector. 4. Following the above judgments, the respondents herein are directed to refer the matter to the District Collector concerned, within two weeks from the date of receipt of a copy of this order. On receipt of the same, the District Collector, after giving opportunity of hearing to the both parties, will pass appropriate orders on merits and in accordance with law, within a period of four months thereafter. 5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.