Madras High Court
N.Sivakumar vs The Chairman on 9 July, 2021
W.P.No.14151 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 09.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.14151 of 2021 and
WMP No.15028 of 2021
N.Sivakumar ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Electricity Board, (TNEB),
Anna Salai, Chennai 600 002.
2. The Chairman,
Tamilnadu Transmission Corporation Limited
(TANTRANSC), No.144, Anna Salai,
Chennai 600 002.
3. The District Collector,
Thiruvannamalai District,
Thiruvannamalai 606 604.
4. The Executive Engineer,
Transmission Line Construction,
Avadi Road, Karayanchavadi, Poonamallee,
Thiruvallur District 600 056.
5. Superintending Engineer,
Transmission Line Construction,
Guindy, Chennai 600 015. ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
W.P.No.14151 of 2021
PRAYER: Writ petition filed under Section 226 of the Constitution of
India to issue a writ or direction in the nature of Writ of Prohibition,
prohibiting the respondents herein from entering into the petitioner's
punjai patta lands and erecting transmission in survey No.66/B1,
66/B2A, 69, 70/1, 70/2 in Seleri Village, Vembakkam Taluk,
Tiruvannamalai District without following the due prosess of law as
well as principles of natural justice.
For petitioner : Mr.C.V.Vijayakumar
For respondents Mr.M.Vijay Mehnath (TNEB)
for R1, R2, R4 and R5
Mr.A.Selvendran, Gov. Advocate
for R3.
JUDGMENT
This writ petition has been filed to issue writ or direction
in the nature of Writ of Prohibition, prohibiting the respondents herein
from entering into the petitioner's punjai patta lands and erecting
transmission in survey No.66/B1, 66/B2A, 69, 70/1, 70/2 in Seleri
Village, Vembakkam Taluk, Tiruvannamalai District without following
the due prosess of law as well as principles of natural justice.
https://www.mhc.tn.gov.in/judis/
W.P.No.14151 of 2021
2. The contention of the petitioner is that he is the owner
of the Punjai land in Survey No.66/B1, 66/B2A, 69, 70/1, 70/2 in Seleri
Village, Vembakkam Taluk, Tiruvanamalai District to a total extent of
5.08 acres and in that property he made a social forest having teak trees,
coconut trees and palm trees numbering about 400 trees along with fruit
bearing trees like Mango and guava. The further contention of the
petitioner is that the entire extent of the property is a mini-forest
facilitating regular rainfall to the village as well as to the surrounding
villages and the trees supply oxygen to the atmosphere also. Now the
respondent Board are taking action to erect and install the transmission
line posts in the middle of the lands, by cutting of trees and though he
had given objection to the 5th respondent, they have not given any
reply, but taking emergent steps to erect and install the transmission line
post in the middle of the land by cutting of trees. Hence the writ
petition.
3. The learned counsel appearing for the Tamil Nadu
Electricity Board would submit that the petitioner has made a
representation before the third respondent namely the District Collector,
https://www.mhc.tn.gov.in/judis/
W.P.No.14151 of 2021
Thiruvannamalai District and the above said objection is still pending.
He further submitted that unless the above objection filed by the
petitioner is considered by the third respondent and reached finality, the
respondent Board would not in a position to proceed for erection of
transmission line post. Therefore, he prayed for direction to the third
respondent to pass final order on the objection filed by the petitioner at
an earliest, otherwise, the entire project will be stalled.
4. Considering the contentions of the petitioner and also
the submission of the learned counsel appearing for the Tamil Nadu
Electricity Board, this court directs the third respondent to consider the
objection filed by the petitioner, and pass final order on merits, after
giving notice to both the parties, as early as possible, within a period of
eight weeks from the date of receipt of a copy of this order. The
respondent Board shall not interfere with the petitioner's possession in
the property, till the final order passed by the third respondent.
https://www.mhc.tn.gov.in/judis/
W.P.No.14151 of 2021
5. With the above observation, the writ petition is disposed
of. No costs. Connected writ miscellaneous petition is closed.
08.04.2021
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
mst
To
1.The Chairman,
Tamil Nadu Electricity Board, (TNEB),
Anna Salai, Chennai 600 002.
2. The Chairman,
Tamilnadu Transmission Corporation Limited
(TANTRANSC), No.144, Anna Salai,
Chennai 600 002.
3. The District Collector,
Thiruvannamalai District,
Thiruvannamalai 606 604.
4. The Executive Engineer,
Transmission Line Construction,
Avadi Road, Karayanchavadi, Poonamallee,
Thiruvallur District 600 056.
5. Superintending Engineer,
Transmission Line Construction,
Guindy, Chennai 600 015.
https://www.mhc.tn.gov.in/judis/
W.P.No.14151 of 2021
D. KRISHNAKUMAR, J.
mst
W.P.No.14151 of 2021 and
WMP No.15028 of 2021
09.07.2021.
https://www.mhc.tn.gov.in/judis/
