P.B.Premkumar vs The District Collector & Ors.

By consent, this Writ Petition is taken up for final disposal.

The petitioner, in the affidavit filed in support of this writ petition, would aver that he is a resident of Udumalpet and owns agricultural lands in Kongalnagaram Village, Udumalpet Taluk and eking out his livelihood by carrying on agricultural activities and also cultivating lands in Pulankinar Village, Udumalpet Taluk and the said lands are irrigated by Parambikulam Aaliyar Water Project (PAP) Water channel and it is maintained by Public Works Department. The petitioner would further aver that the eight respondent company, namely M/s.Vestas Wind Technology India (P) Ltd. is engaged in wind energy production and they have erected very many windmills in Tiruppur District and most of the pylons/towers are erected at Ganapathypalayam Village, Udumalpet Taluk without obtaining required permission from the concerned authorities. The petitioner would further aver that the eighth respondent has erected about 119 pylons/towers in PAP Water channel maintained by PWD at 12th mile in Pulankinar Branch Canal and for erecting the same, the eighth respondent did not obtain any permission either from the Public Works Department or from the Revenue Department and the pylons/towers erected by the eight respondent are causing obstruction to free flow of water through the channel. The petitioner, in this regard, has submitted representations to the respondents 1, 5 and 7 on 08.12.2008 and the seventh respondent, vide communication dated 12.12.2008, has directed the Executive Engineer, PWD, Water Research Organization, Udumalpet/sixth respondent to take action on the said representation and inform the decision taken to the petitioner and the Collector of Coimbatore District/first respondent has also sent a communication dated 19.12.2008 to the sixth respondent to do the needful and since no response is forthcoming as to the unauthorized erection of pylons/towers by the eight respondent, the petitioner has come forward with this writ petition.

The Writ Petition was entertained on 05.06.2017 and this Court, vide order dated 25.07.2017, has directed the sixth respondent to carryout necessary inspection under the supervision of the respondents 4 and 5 as to the condition of the electric poles located near the bund and so also as to the maintenance of water course and the strength of the bund and to file Status Report on or before 31.08.2017 and directed the listing of the matter on 04.09.2017.

The sixth respondent has filed a Status Report wherein the said official took a stand that water course are periodically maintained by the Water Resource Department and to ensure free flow of water in the canal and the earthen bund in left and right side of the canal are in good conditions and bunds in both sides are periodically maintained and water flow will not be affected in any manner due to the erection of poles and also enclosed the photographs in support of the said report.

The learned counsel appearing for the petitioner would submit that since the erection of pylons/towers on the bund of PAP channel is totally unauthorized, this Court thought fit to suo motu implead the Executive Engineer, TANGEDCO (Operations and Maintenance), Udumalpet as party in this writ petition and on account of the unauthorized erection of poles by the eighth respondent, free flow of water is obstructed and as a consequence, the petitioner and other agriculturists are affected and prays for removal of unauthorizedly erected pylons/towers.

Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 to 7 has drawn the attention of this Court to the Status Report of the sixth respondent as well as the photographs and would submit that in pursuant to the interim direction passed by this Court, poles, which were in precarious condition, were strengthened and the bund of the PAP channel was also strengthened and monitoring mechanism is done to ensure free flow of water for agricultural activities.

The learned counsel appearing for the eighth respondent would submit that as per contract, they have erected the windmills on the lands allotted for them and they have nothing to do with the erection of pylons/towers by TANGEDCO for the purpose of evacuation of power generated out of windmills through dedicated feeders.

This Court has considered the rival submissions and also perused the entire materials placed before it.

Grievance expressed by the petitioner is that the petitioner is carrying on agricultural activities and on account of the unauthorized erection of poles by the eighth respondent near PAP channel, free flow of water for irrigation is affected. However, a perusal of the Status Report filed by the sixth respondent coupled with the photographs would disclose that electric poles which were in precarious condition were strengthened and the water bunds of PAP canal has also been strengthened. It is also the categorical submission of the learned Special Government Pleader appearing for the respondents 1 to 7 that proper monitoring and follow up will be done for free flow of water. It is also the stand of the eighth respondent that as per the contract, they have erected wind mills in the lands chosen for that purpose and they have nothing to do with the erection of towers/pylons by TANGEDCO/ninth respondent for evacuation of power generated by windmills.

In the light of the stand taken by the sixth respondent in the Status Report supported by documents and photographs and so also the stand of the eighth respondent, this Court is of the view that the apprehension expressed by the petitioner has been answered. It is made clear that PWD officials shall maintain the water course /channel in good and sound condition and also shall ensure free of water for irrigation. It is also made clear that TANGEDCO shall maintain the electric poles/pylons/towers in good and sound condition to prevent any mishap/accident.

This Writ Petition is disposed of accordingly. No costs.