The main legal point established in the judgment is that the respondents must obtain permission from the District Collector for erecting High Tension Transmission Tower as per Section 16 of the Indian Telegraph Act, 1885, and must pay compensation to the affected parties as per the government guidelines.

1. Since the respondent Electricity Board is required to get permission to enter upon the property of an individual for erecting High Tension Wires, towers or to draw cables, as per Section 16 of the Indian Telegraph Act, 1885, the District Collector is a necessary party. Therefore,

The District Collector

Thiruvallur District

is suo-motu impleaded as the 4th respondent in these writ petitions.

2. Similarly, the Superintending Engineer, General Construction Circle-I, Tamil Nadu Electricity Board, Guindy, Chennai is the proper respondent, however, it has been wrongly described as the Superintending Engineer, Tamil Nadu Electricity Board, Thirumangalam, Chennai. Therefore,

The Superintending Engineer,

General Construction Circle-I,

Tamil Nadu Electricity Board,

Guindy, Chennai.

is substituted in the place of the 2nd respondent.

3. Mr. S.K. Rameshuwar, learned Standing Counsel takes notice on behalf of respondents 1 to 3 and Mr. T.M. Pappiah, learned Special Government Pleader takes notice on behalf of the 4th respondent and with the consent of the counsel on both sides, the main writ petitions are taken up for final disposal.

4. This writ petitions have been filed for the issuance of a writ of mandamus forbearing the respondents from erecting the High Tension Electricity Tower in the land belongs to the petitioners comprised in Survey No.66/1, 67/1, measuring an extent of 2400 sq.ft. and Survey No.65/2D2A & Patta No.5584 measuring an extent of 2400 sq.ft. respectively situate in Vellanoor Village, Ambattur Taluk, Thiruvallur District.

5. The petitioners are the owners of the lands comprised in Survey No.66/1, 67/1, measuring an extent of 2400 sq.ft. and Survey No. 65/2D2A & Patta No.5584 measuring an extent of 2400 sq.ft. respectively situate in Vellanoor Village, Ambattur Taluk, Thiruvallur District. It is the case of the petitioners that without issuing any notice, the respondent Board initiated the work to erect High Tension Electricity Tower in the lands of the petitioners to reach the Exide Battery Company. It is the further contention of the petitioners that the respondent Board are trying to erect towers and draw lines, without following the provisions of law. Originally as per the plan the extension tower has not come into the way of the petitioners lands. However, due to the intervention and influence of third parties, the respondent Board started to interfere with the petitioners lands for erecting the tower without any notice by bifurcating the original plan. Therefore, the petitioners gave representation dated 30.08.2016, to the respondents, objecting the drawing of lines. However there was no response. On the other hand, the officials of the respondent Board are continuing their work to erect the High Tension Electricity Towers. Hence, the petitioners have come before this Court seeking the above stated relief.

6. Heard Mr. Thirumoorthy for Mr/S/Silambu Selvan, learned counsel for the petitioners, Mr. T.M. Pappiah, learned Special Government Pleader appearing for the 4th respondent and Mr. S.K. Rameshuwar, learned Standing Counsel appearing for respondents 1 to 3.

7. As per Section 16 of the Indian Telegraph Act, 1885, the respondents 1 to 3 are required to get permission to enter upon the property of the individual for erecting High Tension Wires or any other work from the District Collector cum District Magistrate. As far as the cases in hand are concerned, admittedly, so far no permission has been obtained by the respondents 1 to3 from the 4th respondent.

8. Before entering into the properties of the petitioners for erecting the towers or to draw lines, due process of law has to be followed. Moreover, the respondents are bound to pay compensation to the petitioners, since drawing of lines or erection of towers may reduce the value of the properties. In this regard, the respondent Board has to take into consideration the Central Government Guideline for award of compensation.

9. Since the respondents 1 to 3 have not obtaine