HC directs Govt to clarify on erection of electric poles

Directing the registry to carry out the necessary amendment, a division bench comprising Justices S Manikumar and Subramonium Prasad directed the Secretary, Electricity and Energy Department, to file a detailed counter affidavit with reference to the erection of poles with regard to High/Low Tension lines in Tamil Nadu and the applicability of Section 10 (c) of the Indian Telegraphic Act, 1885.

Directing the official to file the counter with supporting documents, the bench posted the case for further hearing to March 12.

As per the petition, poles have been laid on an eight-feet road without considering the safety of the commuters, nature of the road and in violation of the proviso to Section 10 of the Telegraphic Act.

According to the said act, “(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under 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.”

The petitioner had contended that there is a violation of the aforesaid section and that permission has not been obtained from the local authority.

The bench then had directed the Government Advocate to ascertain from the local authority as well as from the Executive Engineer, TANGEDCO, Mathur, Krishnagiri District, whether permission was obtained under Section 10 of the Act.

However, the Additional Government Pleader during the last hearing submitted that an objection was raised when poles were sought to be erected.