P.Suresh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025 CORAM :
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN P.Suresh ..
Petitioner v.
1. The District Collector
2. The Revenue Divisional Officer Tiruchengode
3. The Tahsildar
4. The Superintendent of Police
5. The Deputy Superintendent of Police Tiruchengode
6. The Executive Engineer Water Resources Department Mettur Dam Division Mettur Dam - 1
7. The Executive Engineer Operation and Maintenance TANGEDCO, Pallipalayam
8. The Inspector of Police Veppadai Police Station Veppadai
9. The Revenue Inspector Pallipalayam 10.The Block Development Officer Pallipalayam 11.The Village Administrative Officer Elanthakuttai Village 12.M/s Manobala Energy Pvt.Ltd., by its Director/Authorized Signatory:N.Balaji Having its Business Place at 1/339/5, Tiruchengode Main Road Patharai, Pallipalayam Agraharam Village Sowthapuram, Tiruchengode Namakkal 13.M/s Natesan Energy Private Limited by its Director/Authorized Signatory:A.Natesan Having its Business Place at D.No.1/17, 12B12, Sri Balaji City Tiruchengode Road Sankari Durg, Salem District 14.M/s Indhu Balaaji Energy Private Limited
by its Director/Authorized Signatory: N.Indirani Having Business Place at 1/339/7, Veppadai to Tiruchengode Road Patharai, Pallipalayam Agraharam Village Sowthapuram, Tiruchengode Namakkal 15.M/s Gnana Aswa Energy Private Limited by its Director/Authorized Signatory: Natesan Having Business Place at 1/339/4, Veppadai to Tiruchengode Road Patharai, Pallipalayam Agraharam Village Sowthapuram, Tiruchengode Namakkal ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records on the files of the 2nd respondent in her impugned proceedings bearing Na.Ka.No.2039/2025/C dated 16.06.2025 and to quash the same as illegal, arbitrary and violative of Articles 14, 21, 48A and 51A(g) of the Constitution of India, and to consequently forbear the respondents 12 to 15 or any person claiming under them from proceeding further with the erection of electric poles and laying of 22KV high voltage power lines through the lands classified as 'Odai Poramboke' in Survey Nos.319, 320/2, 321,405, 406/2, 411, 412, 417/2, 418/4, 418/5 and 418/6 in Elanthakuttai Village, Kumarapalayam Taluk, Namakkal District, and to direct the official respondents to take appropriate steps to restore the Odai Poramboke lands to their original condition and protect them from further encroachments.
For Petitioner ::
Mr.A.P.Karventhan For Respondents ::
Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate for R1 to R3, R9 to R11
Mr.A.Gokulakrishnan Additional Public Prosecutor for R4, R5 & R8
ORDER
(Order of the Court was made by The Chief Justice) The order dated 16.06.2025 passed by the Sub-Divisional Magistrate in exercise of powers under Section 164 of BNSS, is sought to be challenged on various grounds, by styling the present petition as Public Interest Litigation.
Even according to the petitioner, he was one of the parties to these proceedings. The petitioner has an alternative and efficacious remedy of filing a revision, if he is aggrieved by the order impugned in this writ petition. We fail to understand why the petitioner has come to this Court in the garb of PIL. Petition is utterly misconceived. Dismissed with liberty to challenge the order dated 16.06.2025 before the appropriate forum as provided under BNSS. Consequently, W.M.P.Nos.32470 & 32472 of 2025 are closed. No costs. (MANINDRA MOHAN SHRIVASTAVA,C.J.) (SUNDER MOHAN,J.) 07.08.2025
Index : yes/no ss To
1. The District Collector
2. The Revenue Divisional Officer Tiruchengode
3. The Tahsildar
4. The Superintendent of Police
5. The Deputy Superintendent of Police Tiruchengode
6. The Executive Engineer Water Resources Department Mettur Dam Division Mettur Dam - 1
7. The Executive Engineer Operation and Maintenance TANGEDCO, Pallipalayam
8. The Inspector of Police Veppadai Police Station Veppadai
9. The Revenue Inspector Pallipalayam 10.The Block Development Officer Pallipalayam 11.The Village Administrative Officer Elanthakuttai Village
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
ss 07.08.2025