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2021 Supreme(SC) 1019

UDAY UMESH LALIT, S.RAVINDRA BHAT
Suzlon Energy Ltd. – Appellant
Versus
Jayanthi – Respondent


ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 06.05.2021 passed by the High Court of Judicature at Madras in W.A. No.1365 of 2021.

3. The instant proceedings arise out of Writ Petition No.15896 of 2020 filed by the respondents challenging the order dated 08.10.2020 passed by the third respondent in the writ petition, granting permission to the present appellant to erect electric towers in the lands of the writ petitioners, under Section 16(1) of the Indian Telegraph Act, 1885.

4. Various grievances were raised by the original writ petitioners which did not find any favour with the Single Judge of the High Court. However, the Division Bench of the High Court issued directions in paragraphs 4 and 5 of its order which were to the following effect:

    “4. Though there does not appear to be any infirmity in the impugned order dated 31.03.2021 in W.P. No.15896 of 2020 upholding permission granted to the Ninth Respondent under Section 16(1) of the Act to enter upon the property of the Appellants to erect the electric towers in the respective lands of the Appellants, it would be necessary at this juncture to refer to Section 17 of the Act, which reads as follows:

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