High Court · 2025

bearing letter No. Vu.Po/Pe.Mi.Va.Ka/ Dindu/Ko.Sempatti-Maivadi/A.No.51/25 dated 20.05.2025 and quash the same with a consequential direction directing the respondents not to erect any High tension electric power supply tower or any other electricity installations in petitioner's land in Patta No.970, comprised in Survey Numbers 192/16, 1B, 1C2A, 4B2, 4C, 197/5C1A, 241/5A2 situated at Akkaraipatti Revenue Village, Palani Taluk, Dindigul District on the basis of the petitioners representation dated 25.07.2025. For Petitioner in all W.Ps.,: Mr.D.Gurusamy For R1, R4 & R7 in all W.Ps.,: Mr.D.GhandirajSpecial Government Pleader For R2, R3, R5 and R6 in all W.Ps.,: Mr.S.Deenadhayalan Standing Counsel COMMON ORDERMr.D.Ghandiraj, learned Special Government Pleader takes notice for the respondents 1, 4 and 7 and Mr.S.Deenadhayalan, learned standing counsel takes notice for the respondents 2, 3, 5 and 6. 2.By this common order, all these writ petitions are being disposed of. 24/36 https://www.mhc.tn.gov.in/judis

3.In these writ petitions, the petitioners have challenged the impugned letter issued by the sixth respondent/the Assistant Engineer, High Tension Power Supply Project, Meenakshinaickenpatti, Dindigul. By the impugned letters, the respective petitioners have been informed that the high tension electric wires passing through their agricultural lands are proposed to be replaced and the towers for high tension wires will be stuck out.4.The respective petitioners are claiming rights over the petition mentioned property, measuring approximately an extent of 200 acres, where, the sixth respondent/Assistant Engineer has intimated that the lands are proposed to be straightening of the high tension lines and the towers are being laid. 5.The impugned letter has been issued by the sixth respondent/the Assistant Engineer, in the backdrop of the order of the first respondent/District Collector, Dindigul, dated 20.08.2024, bearing Ref.Na.Ka.No.1795080/2024/Aa3, which was based on the communication made by the second respondent/the Superintending Engineer, dated 23.02.2024. 25/36 https://www.mhc.tn.gov.in/judis

6.By the proceedings of the first respondent/the District Collector, dated 20.08.2024, prior entry permission has been granted to the second respondent/the Superintending Engineer, General Construction Circle, TANGEDCO, Madurai, under Section 16(1) of the Indian Telegraph Act, 1885, for the purpose of installing the towers and also the electric lines.7.Relevant portion of the aforesaid order of the first respondent, dated 20.08.2024, reads as under:-“vdNt> ,e;jpa je;jpr; rl;lk; 1885 gpupT 16(1)-y; toq;fg;gl;Ls;s mjpfhuq;fspd;gbAk;> jpz;Lf;fy; kw;Wk; godp tUtha; Nfhl;lhl;rpau; gupe;Jiuapd;gbAk; kw;Wk; Nkw;ghu;itnghwpahsu;> nghJ epu;khd tl;lk;> jkpo;ehL kpd; njhluikg;Gf; fofk;> kJiu mtu;fspd; Nfhupf;ifia Vw;Wk;> nghJkf;fs; eyid fUj;jpy; nfhz;Lk; njhlu;Gila epyTlikjhuu;fSf;F muR tpjpfspd;gbahd ,og;gPl;Lj; njhif fzf;fPL nra;J toq;fg;gl Ntz;Lk; vd;w epge;jidAld; kpd;NfhGuk; mikf;f vOe;Js;s Ml;Nrgizia epuhfupj;J jpz;Lf;fy; khtl;lk;> jpz;Lf;fy; Nkw;F tl;lk;> ePykiyf;Nfhl;il Gyvz;: 67/2> 75/1gp> 86/2 kw;Wk; 163/1 Nfhly;thtp fpuhkk;> Gyvz;: 365/2> 118/3V kw;Wk; 439/3 godp tl;lk;> mkuG+z;b fpuhkk;> Gy vz;fs;.391/4> 380/2 kw;Wk; 389 kw;Wk; Ntg;gd;tyR fpuhkk;> Gy vz;fs;.77/5, 82/3A1, 135/1 kw;Wk; 145 xl;ld;rj;jpuk; tl;lk;> NghLthu;gl;b fpuhkk; Gy vz;fs;. 123/3F, 132/1B1, 132/3A3A, 132/4B, 132/5, 179/1, 196/2, 196/4, 218/2, 218/4, 206/5, 206/7, 386/2B2, 394/2B1, 474/2B, 427/2 kw;Wk; 187/2B gJh; fpuhkk; Gy vz.64/2> 45/1A kw;Wk; 50/2A 26/36 https://www.mhc.tn.gov.in/judis Mfpa Gyq;fspy; kpd; NfhGuk;> kpd;ghij mikf;Fk; gzpfSf;fhf jkpo;ehL kpd;njhluikg;Gf; fofj;jpw;F ,e;jpa je;jp rl;lk;-1885 gpupT 16(1) fPo; Kd; EioT mDkjp toq;fp cj;jputplg;gLfpwJ.NkYk;> ,t;tpdj;jpy; jpz;Lf;fy; khtl;l fhty; fz;fhzpg;ghsu;> rl;lk; xOq;F gpur;rid VJk; vohj tz;zk; cupa ghJfhg;G eltbf;if Nkw;nfhs;sTk; njuptpf;fg;gLfpwJ.”8.The aforesaid order records the recommendation of the Revenue Divisional Officer, Palani; the request of the second respondent/the Superintending Engineer; the welfare of the public and the objection raised by some individuals for erection of electricity towers on the plots identified. 9.The apprehension of the petitioners in these writ petitions is that the respondents will create a law and order situation and are trespassing on to the agricultural fields of the respective petitioners, even though the petitioners have not been heard. 10.It is submitted that there has been no assessment for the loss of determining the compensation that is to be paid to the respective petitioners. 27/36 https://www.mhc.tn.gov.in/judis

11.That apart, it is submitted that once the transmission lines and towers are passed through the agricultural land, their value would be drastically reduced, which would result in reduction in the yield and therefore, unless proper compensation is determined, the proposed straightening of the high tension wires and laying of fresh towers and re-laying of the towers in the place of old towers should not be allowed. 12.It is submitted that the respondents are also using the heavy vehicles, such as Lorries, Tippers and JCBs., thereby destroying the agricultural fields of the respective petitioners. 13.It is submitted that the order of the first respondent, dated 20.08.2024, is merely relying on the data obtained from the Village Administrative Officer and not based on the actual inspection and therefore, there is an attempt to deny the legitimate compensation, although the first respondent has stated that the compensation is to be paid to the respective petitioners.28/36 https://www.mhc.tn.gov.in/judis

14.It is submitted that without proper inspection and determination, the respondents should not be allowed to proceed with the straightening of the high tension wires and laying of towers, which are running across the respective agricultural lands of the respective petitioners. 15.The learned Special Government Pleader for the respondents 1, 4 and 7, on the other hand, submits that the authorities from the TANGEDCO have been recognized as authorities under the provisions of the Electricity Act, 2003, to exercise the power under Section 16(1) of the Indian Telegraph Act, 1885, to enter upon the lands of the respective petitioners. Therefore, there cannot be any impediment for the respondents TANGEDCO to proceed under Section 16(1) of the Indian Telegraph Act, 1885. 16.Insofar as the maintainability of the writ petition challenging the pole erection, he has relied on the decision of this Court in W.P.(MD) No.25116 of 2023 (Anthony Nadar Vs. The District Collector and others), dated 18.10.2023, 29/36 https://www.mhc.tn.gov.in/judis wherein, it was held that the question of Writ Court in interfering with the decision of the District Collector exercising the discretion in favour of the TANGEDCO does not arise at all. 17.With regard to payment of compensation, in the impugned proceedings itself, the District Collector has clarified that appropriate compensation would be provided to the respective parties. Therefore, the apprehension of the petitioners is unwarranted.18.Learned Standing Counsel for TANGEDCO, by relying upon G.O.Ms.No.86, Energy (A1) Department, dated 30.10.2019, submitted that the Government has issued certain guidelines for fixation of compensation. They are ready to pay the compensation amount, to be quantified by the District Collector.19.In G.O.Ms.No.86, Energy (A1) Department, dated 30.10.2019, it has been stated as under:-“4.Consequent on decision taken in the meeting, the Government issue the following orders:-i) For tower base area the existing provision of 85% shall be enhanced to 100% of assessed land value as per above procedure.30/36 https://www.mhc.tn.gov.in/judis ii) For diminution of land value for stringing corridor area (Row) the existing provision of 15% shall be enhanced to 20% of assessed land value as per above procedure.?) Rs. 50,000/- is fixed as minimum payable amount for tower base area for first 3 cents, if the assessed land value is less than Rs. 50,000/-.iv) Rs.10,000/- may be fixed for every additional one cent or part thereof, if the tower base area exceeds 3 cents and this would be added to the minimum payable amount for tower base area.1.If the 100% assessed value for tower base area is more than the amount calculated as per point (iii) and (iv) above, the assessed value may be fixed as illustrated below:-Sl.NoDescriptionCompensation Amount payable01Tower base area up to and including 3 cents.a. If the assessed value is less than or equal to Rs.16,667/- per cent, the total compensation amount payable is Rs.50,000/-b. If the assessed value is more than Rs. 16,667/- per cent, the total compensation amount payable is the assessed value per cent multiplied by 3 (Three)02Tower base area beyond 3 cents and part thereof.a. If the assessed value is less than or equal to Rs.10,000/- per cent, the total compensation amount payable is Rs.50,000/- for 3 cents + Rs.10,000/- per additional cent or part thereof.b. If the assessed value is from Rs.10,001/- up to and including Rs. 16,667/- per cent, the total compensation amount payable is Rs. 50,000/- for 3 cents + the assessed value per cent multiplied by additional cents or part thereof.c. If the assessed value is more than Rs.16,667/- per cent, the total compensation amount payable is assessed value per cent multiplied by total cents or part thereof.Note: If the ownership of land belongs to more than a person, the total compensation shall be paid based on the proportionate land holding.Fixation of compensation rate for Coconut trees31/36 https://www.mhc.tn.gov.in/judis The compensation value for yielding coconut trees may be fixed not more than Rs. 36,450/- per tree.”20.Heard the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1, 4 and 7 and the learned standing counsel for the respondents 2, 3, 5 and 6.21.According to the petitioners, the nature of vegetation in the agricultural lands of the respective petitioners deserves a proper determination for arriving at the compensation as has been ordered by the first respondent in his proceedings dated 20.08.2024 bearing Ref.Na.Ka.No.1795080/2024/Aa3, content of which has been extracted above. At the same time, the petitioners cannot object the work started pursuant to the impugned letter dated 20.05.2025 of the sixth respondent.22.In W.P.(MD) No.25116 of 2023 (Anthony Nadar Vs. The District Collector and others), dated 18.10.2023, this Court has held as under:-“4.My attention is also drawn to G.O.(Ms)No.16 Energy (C.3) Department dated 23.02.2012 whereby under Section 164 of the Electricity Act 2003, the Government had conferred upon TANGEDCO and TANTRANSCO the powers under the provisions of Indian Telegraph Act 1885. These provisions have been dealt with in 32/36 https://www.mhc.tn.gov.in/judis extenso in W.P.(MD)No.6319 of 2020. When the District Collector had exercised the discretion in favour of TANGEDCO, the question of the writ Court interfering with the same does not arise at all. All that the petitioner can contend is that he must be properly and duly compensated. In this case, the District Collector quantified the compensation payable to the petitioner. TANGEDCO is ready to pay the same, the moment, the petitioner expresses his written consent. The writ petitioner can receive the said compensation without prejudice to his right to claim further enhanced compensation.”23.With regard to the grievances of the petitioners regarding compensation, the same has been partly redressed by the impugned communication, dated 20.05.2025, apart from the proceedings of the District Collector/the first respondent, dated 20.08.2024, wherein, it was stated that applicable compensation would be ordered. 24.It is further noticed that the impugned letter is dated 20.05.2025, whereas, the petitioners have filed these writ petitions only on 30.07.2025 at the stage of commencement of the work by the respondents. 25.Considering the same, there shall be a direction to the respondents 2 and 3, namely, the Superintending Engineer and the Executive Engineer and the other respondents to survey the petition mentioned lands with the help of the 33/36 https://www.mhc.tn.gov.in/judis Horticulture Department and get the details of the crops in the lands of the respective petitioners for arriving at the compensation. 26.The survey shall be completed after due notice to each of the parties. The parties shall report on the dates to be specified by the respondents for survey. Thereafter, the compensation will have to be determined independently. Meantime, the work of straightening of the high tension wires and laying of the fresh towers and re-laying of the towers in the place of old towers shall be continued. 27.It is made clear that the respective petitioners shall receive the compensation amount, to be arrived, without prejudice to their right to claim further enhanced compensation.28.The survey shall be conducted between 18.08.2025 and 29.08.2025 by the respondents 2 and 3 along with other respondents in the presence of the respective parties. The work shall be suspended during the aforesaid period. 34/36 https://www.mhc.tn.gov.in/judis

29.These Writ Petitions stand disposed of, with the aforesaid directions. No costs. Consequently, connected Miscellaneous Petitions are closed. Index :Yes / No06.08.2025Internet:Yes / NommNote : Issue order copy on 14.08.2025To1.The District Collector, Collectorate, Dindigul District - 624 004.2.The Revenue Divisional Officer Palani Division, Palani, Dindigul District.3.The Tahsildar Ottanchathiram Taluk, Dindigul District - 624 619. 35/36 https://www.mhc.tn.gov.in/judis C.SARAVANAN, J. mmW.P.(MD) Nos.21485 to 21524 of 202506.08.202536/36