. Section 12(1) of the Indian Electricity Act, 1910 empowered the licensee (Board), among other things, to lay down and place electric supply lines and other works in any place within the area of supply. But sub-section (2) of Section 12 made it clear that nothing contained in sub-section(1), shall be deemed to authorise or empower a Licensee, without the consent of the owner or occupier concerned, to lay down or place any electric supply line or other work in, through or against any building.
10. Based upon Section 12 (2), it was held by a learned Judge of this Court in Bharat Heavy Electricals Ltd vs. Tamil Nadu Electricity Board {2007 (2) MLJ 111} that the erection of poles in the property of the person, without obtaining his consent under Section 12(2) of the said Act, was illegal. In an another decision in Superintending Engineer, TNEB vs. M.Sengu Vijay {2011 (3) MLJ 625}, a Division Bench of this Court also held that under Section 12(2) of the Indian Electricity Act, 1910, the Board was bound to get consent from the owner of the property. The Bench held that the mere silence or inaction on the part of the land owner, cannot be taken to be implied consen