• Electric Poles & Wire Work

Our property has 2 electric poles in our property but by the electricity department a good 50 years ago. We had given them no permission for it but since we were not staying then regularly in that property it was put. Now every six months the wires break and the electricity department people just climb our wall and do work and go away without asking us. Since its a 2 acre property its very difficult for us to keep a check on who is climbing our wall or not. These wires also cross our house and also area were my children play. If the wires were to be live and broke its a hazard for me and my family apart from security issue. Non of these poles or electric wires are connected to our house. They are for the neighbors. Our electric supply comes from another side and poles. 
We would like these wires and poles removed from our property and also not have these electric people climbing our walls without our permission. What to do.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Such kind of wiring pass is constant threat to life and limb of resident. File writ in HC for removal.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You need to take injunction from court and then seek orders from the civil court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can make representation to board to remove poles from your residential property 

 

2) if no action is taken you can file writ petition in HC to direct electricity board to shift the poles from your property 

 

 


BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT 

DATED: 04.08.2015

Coram

THE HONOURABLE Mr.JUSTICE R.SUDHAKAR

and

THE HONOURABLE Ms.JUSTICE V.M.VELUMANI

Writ Petitionl (MD) No.13812 of 2015

P.Ezhilarasu ... Petitioner

vs.

1.The District Collector,

Tirunelveli District,

Tirunelveli.

2.The Superintending Engineer,

Tamil Nadu Distribution and

Generation Corporation Ltd.,

Maharaja Nagar,

Tirunelveli-9.

3.The Tahsildar,

Radhapuram Taluk,

Tirunelveli District. ... Respondents

Writ petition under Article 226 of the Constitution of India, praying

for issuance of a writ of mandamus, directing the respondents to consider the

petitioner's representation, dated 24.06.2015, and pass orders to remove the

poles erected in the residential place of Koodankulam, Vijayapathi,

Thiruvambalapuram, Navaladi Villages of Radhapuram Taluk, Tirunelveli

District and further directing the respondents not to erect any poles in the

residential place of Koodankulam, Vijayapathi, Thiruvambalapuram, Navaladi

Villages of Radhapuram Taluk, Tirunelveli District, except under due process

of law.

!For Petitioner : Mr.V.Sasikumar

^For Respondent : No Appearance

:ORDER

(Order of the Court was made by R.SUDHAKAR,J) The prayer in this writ petition, filed in public interest, is to direct respondents 1 to 3 to consider the petitioner's representation, dated 24.06.2015, and pass orders to remove electric poles, alleged to have been erected in residential places of Koodankulam, Vijayapathi, Thiruvambalapuram and Navaladi Villages of Radhapuram Taluk, Tirunelveli District and further directing the respondents not to erect such poles in that area, except under due process of law.

2.This writ petition, styled as public interest litigation, is severely condemned. When the counsel for the petitioner was asked to state which provision of law has been violated while erecting poles for transmission of electricity, generated by Wind Mills, he is not able to state any particular provision of law. Even otherwise, in a Welfare State, public utilities and infrastructure are required to be provided for the benefit of the public, at large and such endeavour by the State should not be curtailed. The endeavour on the part of the petitioner, stating that he is a pro bono public, appears to scuttle the development activity, namely, generation and transmission of electric power. If the request of the petitioner is considered, it will affect larger public interest. The state is suffering from power crisis. All sections of Society are affected by power shortage. The present writ petition, styled as public interest litigation, clearly shows the intention of this petitioner is to restrain infrastructure development meant for larger public interest. The prayer in the writ petition is opposed to public interest. Considering the apologetic plea of the counsel, we refrain from imposing costs.

3.The writ petition is dismissed. No order as to costs. Connected miscellaneous petition is also dismissed.

To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintending Engineer, Tamil Nadu Distribution and Generation Corporation Ltd., Maharaja Nagar, Tirunelveli-9.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

See you can give a written notice of same to the electric department mentioning that no permission for erecting them is taken and they are in residential area and  your private property so it can cause loss. Therefore asking them to remove same if they fail you can file a petition seeking direction for moving these poles out. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This is encroachment on your property by the electricity board. File a complaint with the board and if they do not respond then file a writ petition in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

you have to inform concerned electricity board in writing to shift the pole. Still if it is not solved, you can approach the honourable high court and file a writ petition.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

In this scenario you can file a suit for mandatory injunction against electricity department to order them to remove the electric wires from above your property and shift them ahead so that there is no hazard to your life.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Electricity Department is legally entitled to install their electric Poles & supply Wires, even in Private property, without consent of anybody.

2. You may move application before the executive engineer of the dept., and request them to re-position the electric poles, citing security breach and risk to life & property. AFTER proper follow-ups, the dept., eventually does the needful.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The process of removal of electric pole is regulated under your States' Electricity Act and is quite costly and long one.

On an application to the authorities concerned the authority will first get feasibility report from the field staff in the public versus your individual interest, If the cost is nominal, as per the rough estimate, and other public interest is not jeopardized, the work can be done departmentally by the order of the competent authority after administrative and financial sanction by the competent authorities that too after preparation of a project estimate Otherwise your request can be turned down, unless you are ready to bear the entire cost of the project, i.e., establishment, material, labour and other overheads + the cost of alternative arrangement for power supply, as may be required to be deployed on the project till completion and thereafter test checked by the quality assurance staff.


You may follow it up with the local electricity department on all such further issues.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You should send a legal Notice to electricity department for removal of poles from your property and this notice should be send with period of 60 days time for removal of poles. 

2. If electrical department doesn't remove the poles from your property even after 60 days then you can file a suit against electrical department for removal of poles from your property and pay compensation or rent till removal of poles. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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