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2014 DIGILAW 4052 (MAD)

Velusamy v. Superintendent of Police, Karur District

2014-10-30

N.KIRUBAKARAN

body2014
Judgment 1. The petitioner has come before this Court seeking a direction not to harass the petitioner and his family members. 2. The learned Counsel appearing for the petitioner contends that he is the owner of the property having 8.39.5 hectares of land comprised in Survey No.538 Periya Manjuveli Village, Aravakurichi Taluk, Karur District. The Fourth respondent intended to erect the power line in the petitioner's property. On objection, the matter was referred to the District Collector, Karur, who passed an order dated 16.10.2014 which reads as follows: "In the result, the objection petitions are dismissed under Section 16(1) of the Indian Telegraph Act, 1885 and I hereby direct the Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, to lay the power line which has to be done for public cause subject to payment of compensation as per the provisions of Indian Telegraphic Act, 1885 and getting report from Revenue Officials concerned." 3. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents. 4. From the above, it is clear that the fourth respondent can enter into the petitioner's property and provide compensation. The petitioner contended that no such compensation has been made so far. As long as compensation is not paid to the petitioner, the fourth respondent shall enter into the petitioner's property and lay the power line and the respondent police cannot harass the petitioner and give police protection to the fourth respondent for laying the power line. 5. In view of that, the respondents are directed not to harass the petitioner, but also restrain the fourth respondent from entering into the property. 6. With the above direction, the Criminal Original Petition is disposed of.