The Petitioner is the owner of the properties bearing Survey No.196/1A measuring to an extent of 2.09.00 hectares and Survey No.194/3B measuring to an extent of 0.48.50 hectares located in Thiruvamur Village, Panruti Taluk, Cuddalore District. The Petitioner is raising casuarina in the lines and he could not raise any crop since there was no rain. Already there is overhead high tension line going across the petitioner's land and 3 electric posts have been installed. There is another set of high tension lines going over the petitioner's land and 9 electric posts have been erected. Because of the erection of the electric posts, the petitioner is unable to cultivate about 1/6th of his lands. There was an attempt to take further overhead line across the petitioner's land. Since the respondents attempted to take further overhead lines across the petitioner's land in the year 1999 a suit in O.S. No.112 of 1999 on the file of the District Munsif Court, Panruti was filed against the First to Fourth Respondents and subsequently, the transmission line was taken in different route. When things stand so, the first to fourth respondents attempted to take high voltage line to establish a sub-station in Periapattu Village, near Thiruvamur Village on 29.07.2015. The respondents workmen dug a pit in the petitioner's property and fixed short poles for the purpose of drawing overhead lines. Therefore, the Petitioner objected and W.P.No.23980/2015 was filed by the petitioner, seeking writ of Mandamus forbearing the respondents from interfering with petitioner's possession in the above land except under due process of law. The said Writ Petition was disposed of on 05.08.2015, directing the respondents to get permission from the concerned District Magistrate as per Sections 10 and 12 of the Indian Telegraphic Act, 1885 and to proceed with the work. Pursuant to the order passed by this Court, the petitioner allegedly filed objection on 16.03.2016 in writing. However without conducting any enquiry the fifth respondent passed an order on 20.03.2016 granting permission to the respondents under Sections 10 and 16 of the Indian Telegraphic Act, 1885 to enter upon the petitioner's property and to erect electric posts to take electric lines over the petitioner's property. The said order has been challenged before this Court.
