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2007 Supreme(Mad) 137

R.BANUMATHI
Bharat Heavy Electricals Ltd. , Tiruchirapalli & Another – Appellant
Versus
The Tamil Nadu Electricity Board rep. By its Chairman & Others – Respondent


Advocates:
For the Petitioners:B.T. Sheshadri, Advocate. For the Respondents:R1 to R3, J. Ravindran, R4, G. Rajagopalan, Senior counsel for P. Rosekamalam, Advocate.

Judgment :-

Challenge in this Writ Petition is the letter of the second Respondent dated 2. 2001 stating that for extension of electricity supply to the fourth Respondent, Pentecostal Mission [for short, the Church], no consent of the land owner is necessary, as per Section 42 of Electricity (Supply) Act; and for direction forbearing the Respondents 1 to 3 from erecting any poles in the Petitioner premises.

2. The first Petitioner - Bharat Heavy Electricals Limited [for short BHEL], is a Central Public Sector Undertaking, engaged in the manufacture of Boiler, Boiler components, Valves and Soot Blowers etc. necessary for generation of electricity and required by other industries, including the defence. The fourth Respondent Church has put up construction/sheds, for worship and other purposes. Church premises has been subject matter of dispute in various litigation. According to the fourth Respondent, it moved the District Collector, Trichy in 1994 for assignment of three acres of land in SF No.565 and the Revenue Department has identified the site and the fourth Respondent had put up construction, which is now the Church premises. The stand of BHEL is that the Church premises is in









































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