Case Note & Summary
The dispute arose from the proposed erection of a high tension tower on patta land belonging to the appellant, Jaya Santhi, in Sethupattu Village, Tiruvannamalai District, by the Tamil Nadu Generation and Distribution Corporation (TANGEDCO). The appellant challenged the proceedings dated 09.07.2024 relating to pre-entrance permission for the tower, which was part of a 110 KV line project formulated by a committee of experts. The appellant filed a writ petition, W.P.No.22948 of 2024, before a single judge of the Madras High Court, seeking to restrain the erection. The single judge, by order dated 08.08.2024, declined to interfere with the tower erection, holding that it was an essential public service and that court interference would prejudice public interest. However, the single judge directed the authorities to entertain the appellant's claim petition for compensation under Section 16(3) of the Indian Telegraph Act, 1885, and directed the appellant to file such a claim before the jurisdictional District Judge within two weeks. Aggrieved, the appellant filed the present intra-court appeal, W.A.No.2997 of 2024, to set aside the single judge's order. The Division Bench, comprising Justices S.M. Subramaniam and K. Rajasekar, examined the matter. The court noted that the erection scheme was designed by an expert committee to provide essential services, and any judicial interference would cause prejudice to public interest. It affirmed the single judge's approach that the appellant's right to compensation under Section 16(3) of the Indian Telegraph Act, 1885, adequately protected her interests. The court found no infirmity in the impugned order and dismissed the writ appeal, confirming the single judge's directions. No costs were awarded.
Headnote
A) Electricity Law - Erection of High Tension Tower on Private Land - Compensation Under Indian Telegraph Act, 1885 - Section 16(3), Indian Telegraph Act, 1885 - The appellant challenged the erection of a high tension tower on their patta land. The Court held that such schemes are formulated by expert committees and are essential services; court interference would prejudice public interest. The appellant was directed to seek compensation by filing a claim petition before the jurisdictional District Judge under Section 16(3) of the Act. Held that while private land rights cannot completely override public necessity, the landowner is entitled to compensation under the statutory mechanism. (Paras 3-6)
Issue of Consideration
Whether the writ court's order directing the appellant to file a claim petition under Section 16(3) of the Indian Telegraph Act, 1885, instead of restraining the erection of the high tension tower, was justified.
Final Decision
The writ appeal was dismissed. The order of the single judge dated 08.08.2024 was confirmed. No costs were awarded. The connected miscellaneous petitions were closed.
Law Points
- Erection of high tension towers for public utility services is permissible on private land
- subject to compensation under Section 16(3) of Indian Telegraph Act
- 1885
- interference by court would prejudice public interest.
Case Details
2025 LawText (MAD) (02) 56
W.A.No.2997 of 2024 and C.M.P.Nos.22498 & 22499 of 2024
S.M. Subramaniam, K. Rajasekar
S. Lakshmipathy, D.R. Arun Kumar
1.The Chairman, Tamil Nadu Generation and Distribution Corporation, Annasalai, Chennai – 600 002; 2.The District Collector, Thiruvannamalai District, Thiruvannamalai; 3.The Superintending Engineer, General Construction Circle – I, No.230/110, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 32; 4.The Executive Engineer, General Construction Circle, Transmission Line Construction, Poonamallee, Chennai; 5.The Assistant Executive Engineer, Transmission Line Construction, Tamil Nadu Transmission Corporation Ltd., Vengikkal, Thiruvannamalai – 606 604, Thiruvannamalai District.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ appeal against single judge's order in writ petition challenging erection of high tension tower on private land.
Remedy Sought
Appellant sought to set aside the order of the Writ Court dated 08.08.2024 in W.P.No.22948 of 2024 and consequently restrain the erection of the high tension tower on her patta land.
Filing Reason
Appellant's patta land was subjected to pre-entrance permission proceedings for erection of a high tension tower by TANGEDCO, which she challenged as violative of her rights.
Previous Decisions
Single Judge of the Madras High Court in W.P.No.22948 of 2024 on 08.08.2024 directed the authorities to entertain the appellant's claim petition under Section 16(3) of Indian Telegraph Act, and directed the appellant to file such claim before the jurisdictional District Judge, while refusing to interfere with the tower erection.
Issues
Whether the Writ Court was justified in directing the appellant to seek compensation under Section 16(3) of the Indian Telegraph Act instead of restraining the erection of the high tension tower on her patta land?
Ratio Decidendi
Where a high tension tower erection scheme is formulated by a committee of experts for essential public services, courts will not interfere as it would prejudice public interest; however, the landowner has a right to claim compensation under Section 16(3) of the Indian Telegraph Act, 1885, by approaching the jurisdictional District Judge.
Judgment Excerpts
The Writ Court do not find any infirmity in respect of the order for erection of High Tension Tower and therefore, the learned Single Judge directed the petitioner to file a claim petition under Section 16(3) of the Indian Telegraph Act, 1885 before the jurisdictional District Judge within a period of two weeks from the date of receipt of a copy of the writ order.
The erection of High Tension Tower is a scheme formulated by a Committee of Experts, providing essential services to the citizens. Interference by the Court would cause prejudice to the interest of public.
This Court do not find any infirmity, as far as the right of the land owners are concerned. The Writ Court has directed the land owners to file a claim petition under Section 16(3) of the Indian Telegraph Act, 1885 for grant of compensation by following the due process of law.
Procedural History
The appellant filed W.P.No.22948 of 2024 challenging proceedings dated 09.07.2024 relating to pre-entrance permission for erection of a high tension tower on her patta land. The single judge passed an order on 08.08.2024, directing the appellant to file a claim petition under Section 16(3) of the Indian Telegraph Act, 1885, before the jurisdictional District Judge, while refusing to interfere with the tower erection. Aggrieved, the appellant filed the intra-court appeal W.A.No.2997 of 2024 along with C.M.P.Nos.22498 & 22499 of 2024. The Division Bench heard the appeal and dismissed it on 03.02.2025, confirming the single judge's order.
Acts & Sections
- Indian Telegraph Act, 1885: Section 16(3)
