D RAJENDRAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) 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.