IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

AND

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

W.A.No.1294 of 2017

and

C.M.P.Nos.18001 of 2017 and 10041 of 2018

1.D.Rajendran

2.D.Srinivasan

3.D.Vinukula

4.D.Raghu

5.D.Amarendran

6.D.Rosammal

... Appellants

versus

1.Tamil Nadu Electricity Board,

Rep. by its Chairman,

Head Office,

Anna Salai, Chennai – 600 002.

2.The Superintending Engineer,

Public Construction Division – II,

Thiru. Vi. Ka. Industrial Estate,

Guindy, Chennai – 600 032.

... Respondents

PRAYER: Appeal filed against the order passed by this Court

dated 29.11.2013 made in W.P.No.16799 of 2013.

Prayer in WP.No. 16799 of 2013: Writ petition filed under

Article 226 of the Constitution of India, praying for a Writ of

mandamus, forbearing the respondents and their men agents or

any person or persons claiming rights under them from erecting

or putting up any poles or towers for passing or transmitting

any electricity cables or wires through the petitioners Nanja

land situated in S.No.179/3B having the extent of 39 cents No.48

in Pandeswaram Village Saidapet Taluk Thiruvallur District.

For Appellants

: Mr.S.Mahimai Raj

For Respondents

: Mr.P.H.Aravind Pandian

Additional Advocate General

Assisted by Mr.M.Vijayamehanath

for Mr.Abdul Saleem

https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(Order of the Court made by R.SUBRAMANIAN,J.)

The challenge in this intra-Court appeal is to the order of

the learned Single Judge dated 29.11.2013 made in W.P.No.16799

of 2013, in and by which, the learned Single Judge dismissed the

Writ Petition filed by the appellants seeking issuance of a Writ

of mandamus restraining the respondents and their men agents or

any person claiming rights under them from erecting or putting

up any poles or towers for passing or transmitting any

electricity cables or wires through the petitioners' land

measuring about 39 cents situated in S.No.179/3B at Pandeswaram

Village, Saidapet Taluk, Thiruvallur District.

2. The appellants had approached this Court under Article

226 of the Constitution of India seeking a negative mandamus as

aforesaid claiming that the respondents are attempting to erect

a tower in order to draw lines for transmitting high tension

electricity in the land belonging to them. Claiming that the

extent of the land is only 39 cents and if a tower with four

arms is to be erected in the said land, the entire land will be

rendered useless and unfit for cultivation. The appellants had

sought for the said mandamus.

3. The claim of the appellants was resisted by the

respondents contending that under the provisions of the

Telegraph Act r/w Electricity Act the respondents have power to

erect poles/ towers for transmitting electricity. The owners of

the land could at best claim compensation and they cannot

prevent the Authorities from discharging their statutory

functions by seeking a negative mandamus.

4. The learned Single Judge after elaborate consideration

of the entire law on the subject had concluded that such a

mandamus cannot be issued in view of the specific provisions of

the Telegraph Act and the Electricity Act. The learned Single

Judge also took note of Section 10 of the Telegraph Act which

invests a power in the Telegraph Authority to maintain the

telegraph line under, over, along or across and erect post in or

upon any immovable property. In cases of obstructions or

objections Section 16 of the Telegraph Act enables the Telegraph

Authority to move the District Collector or the Executive

Magistrate for removal of such obstructions. The District

Magistrate is empowered to decide and order that the Telegraph

Authority shall be permitted to exercise the powers under

Section 10 in respect of any such line. The learned Single Judge

also took n