Judgment :- This Writ Petition is filed for the issuance of a writ of mandamus directing the respondent to forbear from deviating existing High Tension Electricity Line to pass through the petitioner's patta land measuring to 30 cents comprised in Survey No: 12/1A2 of Erumaiyur Village, Sriperumbatur Taluk, Kancheepuram District. 2. According to the petitioner, he is the absolute owner of the land measuring an extent of 30 cents comprised in Survey No.12/1A2 of Erumaiyur Village, Sriperumbattur Taluk, Kancheepuramm District, having purchased the same vide Sale Deed bearing Document No: 2558 of 2004 registered. There was a proposal of formation of Outer Ring Road in the northern side of the property and to that effect necessary lands had been acquired by the State Government in that area from various land owners including the vendors of the petitioner. There is a High Tension electricity line on the eastern side adjacent to petitioner's land and there is a heavy transmission pole situated just away from the north-eastern end of petitioner's property. The heavy load electricity is transmitting throught he said line. Likewise similar parallel lines are passing on at different distances. It is the case of the petitioner that the State Government is taking steps to form the proposed 400 feet outer ring road and are erecting additional Electrical pole on the northern side of the proposed road wherever the High Tension Electricity Line passes on, so that the High Tension electrical wires will not drop low so that there would not be any disturbance on the traffic or the proposed ORR . The grievance of the petitioner is that the action of the respondent, in erecting the new two additional poles by deviating the existing line only for a small stretch, would result in the petitioner's loosing the enjoyment of his property to an extent of 10 cents viz. one third of his property. Petitioner has made various representations dated 24.07.2012 to various authorities. Finding no other efficacious remedy, the petitioner has approached this Court with the present writ petition. 3. Heard the learned counsel appearing for the parties and perused the materials made available on record. 4. When a similar issue was raised before this Court in W.P.No.25793 of 2011 (Les Ateliers De Pondicherry Pvt. Ltd. vs. Pondicherry Electricity Department and others ( 2011 (6) CTC 465 )) this Court by an order dated 10.11.2011, held as follows: "14. 3. Heard the learned counsel appearing for the parties and perused the materials made available on record. 4. When a similar issue was raised before this Court in W.P.No.25793 of 2011 (Les Ateliers De Pondicherry Pvt. Ltd. vs. Pondicherry Electricity Department and others ( 2011 (6) CTC 465 )) this Court by an order dated 10.11.2011, held as follows: "14. Section 16 of the Indian Telegraph Act deals with the exercise of powers conferred by Section 10, and disputes as to compensation in case of property other than that of a local authority. Section 16(1) of the Indian Telegraph Act provides that if the exercise of the powers mentioned in Section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them. Section 10 of the Indian Telegraph Act deals with the power for telegraph authority to place and maintain telegraph lines and posts, and it contemplates that the telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property, provided that _ (a) the telegraph authority shall not exercise the powers conferred by this Section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained; (b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and (c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and (d) in the exercise of the powers conferred by this Section, the telegraph authority shall do as little damage as possible, and when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers. 15. 15. A comprehensive reading of the above provisions makes it crystal clear that while exercising the power under Section 16(1) of the Indian Telegraph Act, the competent authority should exercise the powers mentioned in Section 10 of the said Act in respect of the property referred to in clause (d) of that section and if it is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them, and therefore, the authority competent to look into the resistance or any obstruction by the land owners, is the District Magistrate concerned, for which, this Court time and again has taken a categorical view that unless the District Magistrate decides about the resistance or obstruction by the land owners, no proceedings shall be initiated by the concerned authority dealing with the erection of towers. 16. In the instant case, though the general provisions are invoked under Sections 10 to 19 of the Indian Telegraph Act, when certain procedures are specifically contemplated under that Act which are to be followed for considering the resistance or obstruction or any valid objections of the land owners, the same have to be adhered to, in the manner as provided therein, which are also conspicuously not followed. 17. In the given situation and looking into the manner in which the impugned notice is issued contrary to the provisions of the Indian Telegraph Act, I am of the considered opinion that the impugned notice cannot be sustained and is liable to be set aside. However, as the erection of transmission lines is for a public purpose and that purpose is to be exercised in the manner known to law, the authority competent is duty bound to refer the matter to the District Magistrate concerned, for consideration. Accordingly, the notice impugned is set aside. However, as the erection of transmission lines is for a public purpose and that purpose is to be exercised in the manner known to law, the authority competent is duty bound to refer the matter to the District Magistrate concerned, for consideration. Accordingly, the notice impugned is set aside. The petitioner is directed to file his objections to the first respondent afresh within a period of two weeks from the date of receipt of a copy of this order and, if such objections are received by the first respondent, the same shall be referred to the District Magistrate concerned within a period of two weeks thereafter, who, in turn, shall cause notice to the parties concerned, hear them, conduct an appropriate enquiry and pass orders on merits and in accordance with law, particularly considering Section 16 of the Indian Telegraph Act, within a period of four weeks thereafter. In the meanwhile, the parties to the present Writ Petition are directed to maintain status quo as on today, in respect of the subject lands alone." 5. In the light of the above said decision of this Court and taking note of the facts and circumstances of the case, this Writ Petition is disposed of with a direction to the respondent Electricity Board to refer the matter to the District Magistrate concerned for consideration within a period of two (2) weeks from the date of receipt of a copy of this order and the learned District Magistrate shall issue notice to the parties concerned, hear them, hold an enquiry and pass appropriate orders on merits and in accordance with law, particularly considering Section 16 of the Indian Telegraph Act, within a period of four (4) weeks thereafter. In the meanwhile, the parties to the present writ petition are directed to maintain status quo as on today in respect of the subject land alone. Since the District Magistrate / District Collector, Kancheepuram District, is not a party to this writ petition, Registry is directed to mark a copy of this order to the District Magistrate / District Collector, Kancheepuram District. Connected miscellaneous petition is closed. There shall be no orders as to the costs.