SUPERINTENDING ENGINEER Vs. M SENGU VIJAY

JUDGEMENT

(1.) This appeal is preferred against the order dated 20.04.2010 passed by a learned single Judge of this Court in W.P.(MD) No. 2176 of 2010, whereby the learned single Judge allowed the writ petition filed by the 1st Respondent herein, by directing the Appellants and the 2nd Respondent herein to remove the electric poles and service lines from the 1st Respondent's land.

(2.) The brief facts, which are necessary to decide the issue involved in the writ appeal, are as follows:

(3.) The case of the 1st Respondent/writ Petitioner was resisted by the Appellants contending that at the time of erection of electrical poles, there was no objection or obstruction from anybody against the Board including from the erstwhile owner of the subject property. Moreover, the Board is vested with the powers under Indian Telegraph Act to erect poles and draw lines wherever necessary in the interest of public. There are two sets of lines passing through the 1st Respondent's property, one set of lines, i.e. 6 poles, is for the welfare of the public and not for the benefit of any private individual and another set of lines, i.e. five poles, is for the benefit of the 2nd Respondent, namely, Water Supply and Drainage Board. It is the contention of the Appellant that if any individual is willing to shift the over head lines passing through the property, they have to bear the costs for shifting.