MICHLE SWAMY and others v POWER GRID CORPORATION OF INDIA LTD and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** ## **WP(C).No.12438 OF 2020(D)** ## **PETITIONERS:** - **1 MICHLE SWAMY, S/O MARIADAS, KULLARAYANPALAYAM, PAZHANIYARPALAYAM POST, KOZHINJAMPARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678555.** - **2 JOHN PETER, S/O MARIADAS, KULLARAYANPALAYAM, PAZHANIYARPALAYAM POST, KOZHINJAMPARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678555.** - **3 JESSY, W/O MICHLE SWAMY, KULLARAYANPALAYAM,PAZHANIYARPALAYAM POST, KOZHINJAMPARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678555.** - **4 ANJULA MARY, W/O JOHN PETER, KULLARAYANPALAYAM, PAZHANIYARPALAYAM POST, KOZHINJAMPARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678555.** - **5 WILLIAM MOHANDAS, S/O LATE YAGAPPAN, GNANI HOUSE, PAZHANIYARPALAYAM, PAZHANIYARPALAYAM POST, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT,PIN-678555.** **BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY** ## **RESPONDENTS:** **1 POWER GRID CORPORATION OF INDIA LTD, SOUTHERN REGION TRANSMISSION SYSTEM-II, NEAR RTO DRIVING TEST TRACK, SINGANAYAKANAHALLI, YELAHANKA HOBLI,BANGALORE-560064, KARNATAKA STATE, REP.BY THE MANAGER.** **WP(C).No.12438 OF 2020** **2** - **2 POWER GRID CORPORATION OF INDIA LTD, B-9,QUATAB INSTITUTIONAL AREA, KATWARIA SARAI, NEW DELHI-110016,REP.BY THE MANAGER.** - **3 THE CHAIRMAN AND MANAGING DIRECTOR, POWER GRID CORPORATION OF INDIA LTD, SAUDAMNINI, PLOT NO.2, SECTOR 29, NEAR IFFCO CHOWK, GURGAON,HARYANA-122001.** - **4 POWER GRID CORPORATION OF INIDIA LTD, ELAPPULLY POST, PALAKKAD TALUK AND DISTRICT, KERALA STATE-678622, REP.BY THE MANAGER.** - **5 UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF POWER, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI-110001.** - **6 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-678001.** - **7 THE TAHASILDAR, CHITTUR TALUK, PALAKKAD DISTRICT-678101.** - **8 THE DIRECTOR GENERAL OF POLICE AND THE STATE POLICE CHIEF, STATE OF KERALA, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695001.** - **9 THE DISTRICT POLICE CHIEF, PALAKKAD-678001.** - **10 THE CIRCLE INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA POST, PALAKKAD DISTRICT-678555.** - **11 THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA POST,PALAKKAD DISTRICT-678555.** - **R4 BY ADV. SRI.PRAVEEN K. JOY R5 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA** **SRI BIMAL K NATH, SR GP SRI MILLU DANDAPANI, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.12438 OF 2020** **3** ## **J U D G M E N T ~~~~~~~~** **==> picture [450 x 32] intentionally omitted <==** The petitioners claim that they are agriculturists. They own various properties in Kozhinjampara and Eruthempathy Villages. It is their contention that the 1[st] respondent came out with a notification for drawing 320 KV HVDC Pugalur - Trichur Transmission Line and by Exhibit P6 public notice gave details of the villages through which the lines would pass. It is contended that in Exhibit P6 it is not stated that the lines would be drawn through Kozhinjampara and Eruthenpathy Villages. In spite of the above, Exhibit P7 notice dated 20.6.2018 was issued by the respondents to one Kuttiyappu, who is a native of Kozhinjampara noticing him about the drawal of the line. Since such an act was likely to infringe upon the rights of the petitioners, they approached this Court and filed W.P.(C) No.7885/2020 directing the respondents to refrain from drawing the line. The matter was heard and orders were reserved by this Court. It is further contended that the 5[th] petitioner has already approached this Court and filed W.P. (C) No.26887/2019 suggesting an alternate route, and the same is still pending consideration. While so, respondents 1 to 7 have approached respondents 10 and 11 and with their assistance are trying to encroach over the properties of the petitioners, survey the same and put marks. Aggrieved by the same, the **WP(C).No.12438 OF 2020** **4** petitioners are before this Court seeking a direction to the respondents 10 and 11 not to threaten and harass the petitioners and thereby allowing the respondents No.1 to 7 and their people to enter the properties of the petitioners and do things in connection with the drawal of the electric line in connection with 320 KV HVDC Pugalur - Trichur Transmission Line. 2. The respondent No.4 has filed a counter affidavit wherein it is contended that the Appropriate Government in exercise of powers conferred under Section 164 of the Electricity Act, 2003 passed order dated 24.12.2003 authorising the said respondent to exercise all powers vested in the telegraph Authority under the Indian Telegraph Act, 1885. They are a Central Transmission Utility (CTU) and are, therefore, a deemed licensee under the second proviso to Section 14 of the Electricity Act, 2003. This coupled with the fact that Power Grid is treated as Authority under the Indian Telegraph Act, 1885, it acquires all such powers which are vested in a Telegraph Authority under the provisions of the Indian Telegraph Act, 1885 including power to eliminate any obstruction in the laying down of power transmission lines. According to the respondents, as per the provisions of the Indian Telegraph Act, 1885, unobstructed access to lay down telegraph and/or electricity transmission lines is an imperative in the larger public interest. Electrification of villages all over the country and availability of telegraph lines are the most essential requirements for growth and development of any **WP(C).No.12438 OF 2020** **5** country, economy and the well-being/progress of the citizens. The legislature has not permitted any kind of impediment/obstruction in achieving this objective and through the scheme of the Indian Telegraph Act, 1885 empowering the licensee to lay telegraph lines, applied the same, as it is, for laying down the electricity transmission lines. Powers of the Telegraph Authority conferred by Sections 10, 15 and 16 of the Indian Telegraph Act, 1885, stand vested in and are enjoyed by the Power Grid . 3. It is further contended that the petitioners had mounted a challenge against the drawing of lines and this Court by judgment dated 2.6.2020 in W.P.(C) No.7885 of 2020 has dismissed the writ petition holding that no cause of action has accrued in their favor. Relying on the judgment of the Apex Court in **Power Grid Corporation of India Limited vs. Century Textiles and Industries Limited and Ors** . (AIR (2017) SC 1141) it was argued that the relief as prayed for, for interdicting the Police in rendering assistance to draw the lines cannot be granted. 4. I have anxiously considered the submissions and have gone through the records. The petitioners have produced Exhibit P7 notice dated 20.6.2018 issued to one Kuttiyappu and Krishnan to bring home their point that the respondents 1 to 7 would trespass into their property with police assistance and cause them hardship. Raising similar contentions, the petitioners had approached this Court seeking to interdict the respondents **WP(C).No.12438 OF 2020** **6** from drawing the 320 KV HVDC Pugalur - Trichur Transmission Line and by Exhibit R4 judgment, their contentions were rejected. It was however made clear that in case the respondents require the land, they would follow the procedure as prescribed under the Indian Telegraph Act. In that view of the matter, I find no reason to grant the relief sought for as it appears to be another attempt to interdict the drawing of the line after having failed to secure relief from this Court in the earlier Writ Petition. The writ petition will stand dismissed. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** sru **WP(C).No.12438 OF 2020** **7** ## **APPENDIX** ## **PETITIONERS EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PARTITION DEED DATED 27.10.1993 ENTERED BETWEEN THE PETIITONERS NO.1,2 AND ANOTHER.** **EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 22.05.2019 ISSUED BY THE NAME OF THE PETITIONERS NO.1 AND 2.** **EXHIBIT P3 TRUE COPY OF THE SALE DEED DATED 27.03.1995 EXECUTED IN FAVOUR OF THE PETITIONERS NO.3 AND 4. EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 22.05.2019 ISSUED IN THE NAME OF THE PETIITONERS NO.3 AND 4. EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 25.05.2018 ISSUED IN THE NAME OF THE PETITIONERS NO.5.** **EXHIBIT P6 TRUE COPY OF THE NOTIFICATION PUBLISHED ON 20.04.2016 IN THE NATIONAL DAILY 'THE NEW INDIAN EXPRESS'. EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED TO SRI KUTTIYAPPU ON 20.06.2020. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 18.06.2020 SUBMITTED BEFORE THE RESPONDENT NO.8. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 18.06.2020 SUBMITTED BEFORE THE RESPONDENT NO.9.** **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 18.06.2020 SUBMITTED BEFORE THE RESPONDENT NO.10.** **EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 18.06.2020 SUBMITTED BY THE RESPONDENT NO.11.** **EXHIBIT P12 TRUE COPY OF THE POSTAL RECEIPTS SHOWING THE DISPATCH OF EXHIBIT P8 TO P11 TO THE RESPECTIVE RESPONDENTS.** **WP(C).No.12438 OF 2020** **8** ## **RESPONDENTS EXHIBITS:** **EXHIBIT R4(a) TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.10951/2016 (ARISING OUT OF SLP 34382/2010)** **EXHIBIT R4(b) THE TRUE COPY OF THE JUDGMENT IN WPC 7885/2020 DATED 2.6.2020.** **/True Copy/ P.A. To Judge**