Madras High CourtWP/26473/2025disposed of

K.Subramani v. The District Collector

2025-07-21Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NOs. 29785 and 29787 OF 2025

1. K.Subramani S/o.Late Kuppusamy, Door No.78, Mulapalayam, Dharapuram, Tiruppur638106 Petitioner(s) Vs

1. The District Collector Tiruppur District, Tiruppur.

5.Tp Vardhaman Surya Limited Rep. By Its General Manager C/o. The Tata Power Company Ltd., 34 Sant Tukaram, Road Carnac Bundar, Mumbai -400 009.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorari to call for the records of the 1 st Respondent in Na.Ka.No.7500/2024/E5 dated 31.12.2024 and quash the same as illegal, arbitrary and against the principles of natural justice and pass orders. For Petitioner(s):

Mr.Praveen Raj N For Respondent(s):

Mr.T.M.Rajangam Government Advocate for R1 to R3 Mr.V.Meganathan, Government Advocate [Crl.Side] for R4 Mr.Satish Parasaran, Senior counsel for Mr.Abhinav Parthasarathy & Mr.Suhael Buttan for R5

ORDER

This writ petition has been filed challenging the proceedings of the st respondent dated 31.12.2024 and to restrain the respondents from in any way interfering with the peaceful possession and enjoyment of the subject property.

Heard Mr.Praveen Raj N, learned counsel for the petitioner and Mr.T.M.Rajangam, learned Government Advocate for Respondents 1 to 3, Mr.V.Meganathan, learned Government Advocate [Crl.Side] for 4 th respondent and Mr.Satish Parasaran, learned Senior counsel for Mr.Abhinav Parthasarathy & Mr.Suhael Buttan for 5 th respondent.

It is seen from records that this Court in the earlier round had passed an order in WP Nos. 2233 etc., batch of 2025 dated 17.03.2025. These writ petitions were disposed of in the following terms:- H. The Result:

9. In view thereof, these Writ Petitions are disposed of on the following terms, (i) The order issued by the 2nd respondent in W.P.No.3202 of 2025, namely, the Central Electricity Authority, Ministry of Power, Government of India, published in the Gazette of India dated 22.10.2024, being as the licence under Section 164 of the Electricity Act, 2003, shall stand quashed; (ii) The fourth respondent in W.P.No.3202 of 2025, namely TATA Power Renewable Energy Limited (TPREL), shall be entitled to continue from the stage of effecting publications as mandated under the procedure in English Newspaper (In one issue of anyone of the news papers viz., The Hindu, The Times of India, Deccan Chronicle in Coimbatore Edition) and in Tamil Newspaper

(In one issue of the anyone of the news papers viz., Dinakaran, Dinamalar, Daily Thanthi in Coimbatore Edition), in the same approved format they had previously used, within two weeks from the date of receipt of the website-uploaded copy of this order. They shall observe the mandatory period of 60 days, consider any observations or representations that may be received from any individual, and finalise the optimal route alignment. (iii) With the certificate mandated in the procedure, they shall reapply to the second respondent, The Central Electricity Authority, Ministry of Power, Government of India, to grant a license. The 2 nd respondent shall consider the application and issue an order in accordance with the law within four weeks from the date of receipt of such application from TPREL; If the license is granted under Section 264 of the Electricity Act, 2003, then accordingly it has a right to enter into the lands and complete the erection of towers and drawal of the lines in accordance with the route finalised;

(iv) If necessity arises, they shall apply the name of TPREL, to the District Collector, Tiruppur, under Section 16 of the Indian Telegraph Act, 1885, and when such application is made, the same shall be disposed of as indicated supra within four weeks from the date of application;

(v) The towers already erected by TPREL/TPVSL shall

not be interfered with by anybody and shall stand protected until the above exercise is carried on afresh, and the user or removal thereof will depend on the ultimate result of the above exercise. Due protection shall be ensured by the Tahsildar, Dharapuram Taluk and the Superintendent of Police, Tiruppur. 4.

Thereafter, the matter was listed for being mentioned on the ground that certain mistakes have crept in the order and those mistakes were corrected by an order dated 20.03.2025.

The present writ petition has been filed by the petitioner on the ground that the order passed by this Court has not been complied with and an attempt is being made to interfere with the possession and enjoyment of the property.

The learned Government Advocate produced the written instructions received from the RDO, Dharapuram. The relevant portions are extracted hereunder :- பரவ 3-ல கணம TP VARDHAMAN SURYA LIMITED ந றனதத ன கடததத ல, மறகற ய ணப க ச னவன உயரந த னற த ரபப ன அடபபவ"ய ல சபத அற பப மறசகளளபபடட, 72 ணணபபஙகள உயர இழபப-டடத சதவக ரபசபறறத ல, 57 நபரகளகக சமகன மவறய ல இழபப-டடதசதவக ழஙகபபட"தகவம, 5தமளள நபரகள அரச ந ரணய தத சதவகவய "

அத க உயர இழபப-ட மகரதல, அரச ழ கடடதல ன அடபபவ"ய ல உயர இழபப-டடதசதவக ழஙக தயரக உளளதக சதர ககபபடடளளத.

மலம, நளத மதத ய ல 18.3km தரதத றக ன மகபரஙகள அவககபபடட, 12.5km கமப "ம இழககபபடட 95% பண யனத ந வறவ"நததகவம சதர ககபபடடளளத.

னதரர மக.சபப ரண எனபரல ணபவ ச னவன உயரந த

னறதத ல W.P.NO:26473 Of 2025-ស gj;jp 11y;- 2nd Respondent The Revenue Divisional Officer, Dharapuram 3rd Respondent Tahsildar, Dharapuram பதத யபபட" எர

னமபவளயம க ரம ர.

.146/1 றறம 146/2A-ல அதத5ற மறபட பண மறசகண"தக சதர ககபபடடளளத.

இநமநர ல, மறபட த ரபபவரகக ப னன?டட M/S TP VARDHAMAN SURYA LIMITED S Section 16(1) of the Telegraph Act- 5 ល ப றபப ககபப" லவல எனபவதயம, TP VARDHAMAN SURYA LIMITED ந றனதத னர ணபவ ச னவன உயரந த னற ழ கடடதல னபட தன?நபர மபசசரதவத அடபபவ"ய ல பண கள மறசகணட ரதகவம சதரய ரக றத.

The first portion of the prayer sought for by the petitioner to quash the proceedings dated 31.12.2024, perse is not maintainable since the same has already been interfered by this Court in the earlier order that was passed in the batch of writ petitions in WP Nos.2233 etc., of 2025. Therefore, the petitioner once again seeking to quash the same proceedings is uncalled for. With this cause of action, the petitioner is seeking to restrain the respondents not to interfere with the possession and the said relief has been claimed only with a mere apprehension, without any material to sustain the same. The authorities are in the process of following the procedure as was directed in the earlier order passed by this Court. Hence, no further orders are required to be passed in this writ petition.

This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. 21-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector Tiruppur District, Tiruppur.

2.The Revenue Divisional Officer Dharapuram Revenue Division, Tiruppur District, 3.The Tahsildar Dharapuram Taluk, Tiruppur District, 4.The Superintendent Of Police Office Of The Superintent Of Police, Tiruppur District, 5.Tp Vardhaman Surya Limited Rep. By Its General Manager C/o. The Tata Power Company Ltd., 34 Sant Tukaram, Road Carnac Bundar, Mumbai -400 009.

N.ANAND VENKATESH J.

rka WMP NO. 29785 OF 2025,WMP NO. 29787 OF 2025 21-07-2025