The central legal point established in the judgment is the authority of the Electricity Board as a 'Transmission Licensee' and 'Telegraph Authority' under the Electricity Act,2003 and the Indian Telegraph Act,1885, and the procedure for compensation under the Indian Telegraph Act,1885.

The writ petitioner is the owner of the vacant landed property to an extent of 1.80 acres comprised in Survey No.5/2 at No.117, Pandur Village, Chengelpet Taluk, Kancheepuram District, having purchased the same under a registered sale deed dated 30.11.2006 and the patta in respect of the property stood in the name of his vendor Mrs.Vijayalakshmi in Patta No.409, the petitioner has applied for transfer of patta in his name. According to the petitioner, right from 1939, the predecessors in title of the petitioner have been in continuous possession and enjoyment of the property. On 111. 2007, some contract labourers employed by the Assistant Divisional Engineer, Tamil Nadu Electricity Board, Guduvancherry, third respondent herein, have brought building materials and entered into the lands of the petitioner and started digging and made excavation, in order to erect huge transmission high-tension electric line tower. On 111. 2007, the petitioner has sent a telegram to the first respondent, the Chairman, Tamil Nadu Electricity Board and has also issued a legal notice through his counsel on the same day. The petitioner apprehends that the respondents may proceed with the proposed platform work for erecting the high tension electric line tower in his property. Hence, the petitioner has filed the present writ petition to forbear the respondents from interfering with his peaceful possession and enjoyment of the above said property without resorting to due process of law. According to the petitioner, the conduct of the respondents in entering into the patta land belonging to the petitioner is unauthorised, especially when the property is not acquired by the Electricity Board, even if it is required for public purpose. He also challenges the conduct of the respondents, as it is in violation of the principles of natural justice, and there was no proceedings under the Land Acquisition Act.

2. The Tamil Nadu Electricity Board has filed counter affidavit. According to the respondent Electricity Board, as per Sections 164 and 185(2)(a) of the Electricity Act, 2003, the Board has the power of the "Telegraph Authority" under the Indian Telegraph Act,1885, with regard to laying of lines and erecting poles. The said power has already been conferred on the Electricity Board by the "Appropriate Government", viz., Government of Tamil Nadu under Section 51 of the Indian Electricity Act, 1910 in G.O.Ms.No.1455 (P.W.D.) dated 06.06.1961 and extended by Notification dated 28.06.2004, and as such the Electricity Board being the "Transmission Licensee" under the Electricity Act,2003, is not bound by the provisions of Sections 12 to 16, 18 and 19 of Indian Electricity Act, 1910.

2(a). According to the respondent Electricity Board, pursuant to the policy decision taken by the Union of India to establish a National Power Grid, authorised the Power Grid Corporation of India Ltd., to erect a 400 K.V. Transmission system from Kolar to Sriperumbudur 400 K.V.Circuit and link the same with Neyveli 400 K.V. Sub Station. The establishment of 400 K.V. Sub Station at Melakottaiyur requires to be synchronised with the commissioning of Talcher Stage II in Orissa, so that the power flow from Talcher Stage II will be available to Chennai in time. Under the said Scheme, the Power Grid Corporation of India Ltd. proposed to erect a 400 K.V. Sub-station at Melakottaiyur near S.P.Koil on the basis of the locational and technical advantage to link both the Kolar SPDR and the Neyveli - Chennai Grid.

2(b). The said proposal for establishing a new 400/230 K.V. Sub Station at Melakottaiyur (Kalivanthapattu) is planned for ensuring the stabilised and reliable supply conditions in Southern parts of Chennai area. The said location is contiguous to Chennai city and has the infrastructure facilities like road, electricity, etc. The respondent Electricity Board considered the proposal and sanctioned it on 09.09.2002 with an estimated cost of Rs.3362 lakhs. It authorised the Ta