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2021 Supreme(Mad) 3230

R.SURESH KUMAR, P.D.AUDIKESAVALU
Jayanthi – Appellant
Versus
State of Tamil Nadu, Represented by its Principal Secretary to the Government, Energy Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. V. Raghavachari For Mr. M. Guruprasad.
For the Respondents: Mr. Ajmal Khan, Senior Counsel For M/s. Ajmal Associates, Mrs. A. Srijeyanthi, Special Government Pleader, Mr. Abdul Saleem.

JUDGMENT :

P.D. Audikesavalu, J.

(Through video conference)

Heard Mr. V. Raghavachari, Learned Counsel appearing for the Appellants, Mrs. A. Srijeyanthi, Learned Special Government Pleader, who takes notice for the First to Third, Seventh and Eighth Respondents, Mr. Abdul Saleem, Learned Counsel, who takes notice for the Fourth to Sixth Respondents and Mr. Ajmal Khan, Learned Senior Counsel of M/s. Ajmal Associates, Learned Counsel for the Caveator / Ninth Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2. The Appellants had filed the Writ Petition in W.P. No. 15896 of 2020 in this Court impeaching the orders in Na.Ka. No. 6450/2020/E5 dated 08.10.2020 passed by the Third Respondent granting permission to the Ninth Respondent to erect electric towers in the respective lands of the Appellants under Section 16(1) of the Indian Telegraph Act, 1885 (hereinafter referred to as 'the Act' for brevity). The grievance ventilated by the Appellants in the Writ Petition was that the 'enter upon permission' was granted without proper service of notice to the land owners and without considering the objections raised by those who had participated in th

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