S KANNAPPAN Vs. COMMR TIRUVOTTRIYUR MUNICIPALITY MADRAS

JUDGEMENT

(1.) This writ petition is for a writ of mandamus directing the respondents to remove the electrical poles, service lines and the electricity supply lines from the first petitioner's land in Sannadhi Street in S. No. 169/1 of Sathangadu Village of Kaladipet, Thiruvotriyur.

(2.) Learned counsel for the petitioners has argued that the petitioner is the absolute owner of the land of about 4 acres in S. No. 169/1 known as Thirupurasundari Garden of Sathangadu Village in the street called Sannadhi Street, Kaladipet, Sathangadu. This petitioner has prepared a layout for the said land and obtained sanction in 1975. An extent of about 1 acre abutting Sannadhi Street in the said area was reserved for construction of a cinema theatre by Chennai Metropolitan Development Authority. Learned counsel for the petitioners has argued that respondents/Electricity Board had erected street lights in the petitioner's land in violation of section 12(2) of the Indian Electricity Act.

(3.) Section 12(2) of the said Act reads as follows :