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:-

17. Removal or alteration of telegraph line or post, on property other than that of a local authority:-

(1) When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in from, he may require the telegraph authority to remove or alter the line of post accordingly:

Provided that, if compensation has been paid under section 10, clause (d), he shall, when making the requisition, tender to the telegraph authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever may be the smaller sum.

(2) If the telegraph authority omits to comply with the requisition, the person making it may apply to the District Magistrate within whose jurisdiction the property is situate to order the removal or alteration.

(3) A District Magistrate receiving an application under sub-section (2) may, in his discretion, reject the same or make an order, absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level or for the alteration of its form;

and the order so made shall be final.

It is evident from the same that even after enter upon permission has been granted under Section 16(1) of the Act, a land owner is entitled to make an application to the jurisdictional District Magistrate for removing or re-locating the electric towers that have been erected under Section 17 of the Act. Having regard to the pragmatic considerations of cost effectiveness and time saving measures in the larger public interest, it would be appropriate at this stage taking into account the aforesaid rival submissions made by the Learned Counsel appearing for the parties that that enquiry under section 17(2) of the Act can be immediately conducted by the Third Respondent to examine all the contentions that are raised by the Appellants, including as to whether the Ninth Respondent is an Authority entitled to invoke section 16 of the Act, the route for locating the electric towers, the amount of compensation payable and the compromise said to have been entered by the Ninth Respondent with the Appellants. In view of that proposed enquiry, the further implementation of the orders in Na.Ka.No.6450/2020/E5 dated 08.10.2020 passed by the Third Respondent under section 16(1) of the Act shall be kept in abeyance and the parties shall