Madras High Court
P.Ponnambalam vs The District Collector on 17 July, 2020
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.13 OF 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.07.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.13 of 2017 and
W.M.P.(MD)No.10 of 2017
P.Ponnambalam ... Petitioner
Vs.
1. The District Collector,
Tiruchirappalli District.
2. The District Revenue Officer,
District Collectorate Complex,
Tiruchirappalli – 620 001.
3. The Executive Engineer,
Operaton & Maintenance,
Tamilnadu Electricity Generation &
Distribution Company(East),
Mannarpuram,
Tiruchirappalli 620 020.
4. The Assistant Executive Engineer,
Operation & Maintenance,
Tamilnadu Electricity Generation &
Distribution Company, KK Nagar,
Tiruchirappalli – 620 021.
5. S.Rajeshwari ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
respondents 1 to 4 to consider the representation/objection of
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2 W.P.(MD)NO.13 OF 2017
the petitioner dated 04.11.2016 seeking to remove the electric
post from the middle of the common pathway comprised in
survey No.147/5,6 and situated at K.Sathanoor Village,
Srirengam Taluk, Tiruchirappalli District and to consequently
remove the electric post from the said position in order to
enable the petitioner have free and unhindered access to his
property through the said common pathway.
For Petitioners : M/s.J.Maria Roseline
For R-1 & R-2 : M/s.S.Srimathy,
Special Government Pleader.
For R-3 & R-4 : Mr.S.M.S.Johny Basha
***
ORDER
Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondents 1 and 2 and the learned Standing counsel appearing for respondents 3 and 4.
2. The petitioner's grievance is that the electricity board authorities have installed an electric pole in the middle of the petition mentioned common pathway. He seeks its removal. He had already given a petition in this regard on 21.11.2016.
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3. Section 17 of the Indian Telegraph Act, 1885 reads as follows:-
'' 17. Removal or alteration of telegraph line or post on property other than that of a local authority (1)When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telegraph authority to remove or alter the line of post accordingly:
Provided that, if compensation has been paid under section 10, clause (d) he shall, when making the requisition, tender to the telegraph authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever may be the smaller sum.
(2) If the telegraph authority omits to comply with the requisition, the person making it may apply to the District Magistrate within whose jurisdiction the property is situated to order the removal or alteration.
(3) A District Magistrate receiving an application under sub-
section may, in his discretion reject the same or make an order, absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to http://www.judis.nic.in 3/5 4 W.P.(MD)NO.13 OF 2017 higher or lower level or for the alteration of its form; and the order so made shall be final. ''
4. All that the petitioner wants is consideration of his petition under the aforesaid statutory provision.
5. Without going into the merits of the matter, I direct the first respondent to consider the petitioner's aforesaid representation on merits and in accordance with law and pass final orders within a period of twelve weeks. The period of 12 weeks will start from the date when the lock down is totally lifted by the State Government. The first respondent will put all the interested parties on notice before passing final orders.
6. With this direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
17.07.2020
Index : Yes / No
Internet : Yes/ No
pmu
Note : 1. Issue order copy within one day after the same received by the Court Officers Section.
2. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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pmu To:
1. The District Collector, Tiruchirappalli District.
2. The District Revenue Officer, District Collectorate Complex, Tiruchirappalli – 620 001.
3. The Executive Engineer, Operaton & Maintenance, Tamilnadu Electricity Generation & Distribution Company(East), Mannarpuram, Tiruchirappalli 620 020.
4. The Assistant Executive Engineer, Operation & Maintenance, Tamilnadu Electricity Generation & Distribution Company, KK Nagar, Tiruchirappalli – 620 021.W.P.(MD)No.13 of 2017
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