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1999 Supreme(Mad) 609

T.MEENA KUMARI
S. Kannappan (Died) and Others – Appellant
Versus
The Commr. , Tiruvottriyur Municipality, Madras and Others – Respondent


Appearing Advocates:K. S. V. Prasad, Md. Sulaiman Basha (For No. 1), N. Muthusamy (For Nos. 2 To 5), Advocates.

Judgment :-

The Order of the Court was as follows :

This writ petition is for a writ of mandamus directing the respondents to remove the electrical poles, service lines and the electricity supply lines from the first petitioner's land in Sannadhi Street in S. No. 169/1 of Sathangadu Village of Kaladipet, Thiruvotriyur.

2. Learned counsel for the petitioners has argued that the petitioner is the absolute owner of the land of about 4 acres in S. No. 169/1 known as Thirupurasundari Garden of Sathangadu Village in the street called Sannadhi Street, Kaladipet, Sathangadu. This petitioner has prepared a layout for the said land and obtained sanction in 1975. An extent of about 1 acre abutting Sannadhi Street in the said area was reserved for construction of a cinema theatre by Chennai Metropolitan Development Authority. Learned counsel for the petitioners has argued that respondents/Electricity Board had erected street lights in the petitioner's land in violation of section 12(2) of the Indian Electricity Act.

3. Section 12(2) of the said Act reads as follows :

"12. Provision as to the opening and breaking up of streets, railways and tramways :

(1) . . . . . . . . .

(a) to (e) . . . . . . . .






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