K.GURUSAMY Vs. DISTRICT COLLECTOR, KARUR DISTRICT

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The petitioners are the owners of the petition mentioned lands. The private respondents herein R5 and R6 are attempting to install high tension towers thereon and draw overhead lines across. The petitioners have offered their obstruction and resistance. They have represented through the various Authorities. They have filed these writ petitions.

(3.) The contentions urged by the petitioner's counsel is that when the petitioners have offered their obstruction and resistance, it is not open to the private respondents herein to go ahead without getting permission from the District Magistrate. The official respondents herein have clarified that the project in question is a private project. Be that as it may, a mere look at Section 10 and Section 16 of the Indian Telegraph Act, 1885, would indicate that where there is obstruction and resistance, it is the District Magistrate who has to give go ahead to the project proponent. In this case, the respondents 5 and 6 have not obtained any such clearance.