K SAVITHRI Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The petitioner has come forward with the present writ petition seeking to call for the records relating to the Letter dated 02.01.2013 issued by the 2nd respondent vide., No.Vu.Po./E.Pe/SAM/KO.DCW/No.419/2012, and to quash the same and consequently, to direct the respondents to shift the electric transformer from the petitioner's land comprised in New S.No.73/11C, Pottaneri Nalla Goundanpatti Village, Mettur Taluk, Salem District, without insisting shifting cost.

(2.) The case of the petitioner is that she is the owner of the land in Old S.No.73/4D1B (New S.No.73/11C), situated in Pottaneri Nalla Goundanpatti Village, Mettur Taluk, Salem District, to the extent of 12 cents. She purchased the said property by registered sale deed dated 10.05.2010. According to the petitioner, the Electricity Board has erected Electric Transformer in the said land, before her purchase, and the Electricity Board did not get any consent from her vendor and did not pay any compensation to her vendor; erecting Electric Transformer without getting any consent from the land owner and without paying any compensation, is not correct, and since she has purchased the said property, the Electricity Board will have to shift the Electric Transformer from the petitioner's land to the some other place.

(3.) The petitioner had also agreed to pay the reasonable charge for shifting the transformer and she has made necessary application to the Electricity Board for shifting the Transformer. The Electricity Board vide its reply dated 02.01.2013 informed the petitioner that she has to pay a sum of Rs.1,73,350/- within seven days, towards the cost of shifting the transformer from her land to some other place, failing which permission granted for shifting the transformer would be cancelled. Hence, the petitioner caused a legal notice to the Electricity Board. Since the action of the Electricity Board is illegal and contrary to the provisions of the Indian Telegraph Act and Indian Electricity Act, the petitioner has approached this Court by way of filing the present writ petition, contending that when there is no consent either from the erstwhile owner or from the petitioner, installation of the transformer within the premises of the petitioner is illegal.