2009 Supreme(Mad) 4510

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. VENKATARAMAN
M. Ponnuswamy & Another
Versus
The Chairman, Tamil Nadu Electricity Board & Others
Writ Petition No. 18367 of 2009 & M.P.No.1 of 2009
Decided on: 29-10-2009

Ratios:
a. Prior notice need not be given to the private property owners for the erection of the towers or for taking heavy line wire through their property.
b. Where a high tension wire is sought to be laid over a private property, permission from the land owner is not necessary.
c. On a mere objection by the land owners, the telegraphic authority need not get permission from the District Magistrate for laying the high tension wire. Only in case of resistance or obstruction by such owners, permission from the District Magistrate is required.

Headnote:(A)Indian Telegraph Act, 1885 (13 of 1885)-Sec.10, 16- Electricity Act, 2003-Sec.14-Electricity-Electricity line-Erection-Private property-Resistance-Notice-Objection-Natural justice-Compensation- Electricity board sought to lay electricity line over the petitioner’s property which was objected-Petitioner filed writ petition and contended that when he objected it, the respondent has to approach the District Magistrate who shall adjudicate the dispute-Respondents resisted the stand of the petitioner-Held, on a mere objection by the property owners, the matter need not be referred to the District Magistrate-When the electricity line is sought to be laid over the private property, the property owners cannot resist it but they are entitled for compensation for the loss of value of their properties-Petitioner is not entitled for any notice before such erection of electricity line-Writ petition dismissed.

       

       (B)Indian Telegraph Act, 1885 (13 of 1885)-Sec.10, 16- Electricity-Electricity line-Erection-Private property-Notice-Natural justice-Prior notice need not be given to the private property owners for the erection of the towers or for taking heavy line wire through their property. Considering the rival contention and considering the provisions extracted above, the first question that has to be answered is whether notice is necessary to the land owners before laying high tension line over their lands.

        5.6. The above provisions do not indicate that any prior notice is required for erection of the towers or for taking heavy line wire through their property. Paras 5.5, 5.6

       (C)Indian Telegraph Act, 1885 (13 of 1885)-Sec.10, 16- Electricity Act, 2003-Sec.14-Electricity-Electricity line-Erection-Private property-Resistance-Notice-Objection-Natural justice-Compensation- Where a high tension wire is sought to be laid over a private property, permission from the land owner is not necessary-On a mere objection by the land owners, the telegraphic authority need not get permission from the District Magistrate for laying the high tension wire. Only in case of resistance or obstruction by such owners, permission from the District Magistrate is required.

       Section 10 or Section 16 of the Act does not contemplate the permission from the land owner, where a high tension wire is sought to be laid or it contemplates the telegraphic authority to get permission from the District Magistrate for laying the high tension wire if it is objected by the land owners. The words used in Section 16(1) are "resisted or obstructed". A mere objection will not require the telegraphic authority to approach the District Magistrate for an order permitting them to exercise their duty. Only in case of resistance or obstruction, such permission is required by the telegraphic authority from the District Magistrate. The permission of the District Magistrate may be necessary, if it is resisted or obstructed by the individual owners since Section 16(2) reads that if the District Magistrate makes an order under Sub-section 1 of Section 16 and if a person resist he shall be deemed to have committed an offence under Section 1(8) of the Indian Penal Code. Para 6.3

       (D)Interpretation of statutes-Judicial legislation-Court-Power of Court-Literal construction-Legislative intention-Supply of words-When an Act is plain and unambiguous, Courts are not to enlarge its scope by adding or supplying words.

       When the Act does not provide for any such permission from the District Magistrate, this Court cannot enlarge the scope of the legislation or the intention of the legislature when the language of the provision of the Telegraphic Act is plain and unambiguous. This Court cannot add words to a statute or read words which are not in the Act. Para 7