Madras High CourtWP(MD)/2190/2025disposed of

Muthaiah v. The Principal Secretary / Chairman And Managing Director

2025-01-28Honourable Mr Justice G.K. Ilanthiraiyan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Muthaiah ... Petitioner /Vs./ 1.The Principal Secretary/ Chairman and Managing Director, TANGEDCO, NPKRR Maaligai, 144, Annasali, Chennai.

2.The District Collector, Collectorate, Virudhunagar District.

3.The Superintendent of Police, Virudhunagar, Virudhunagar District.

4.The Revenue Divisional Officer, Sathur, Virudhunagar District.

5.The Superintending Engineer, General Construction Circle, Race Course Road, Madurai.

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6.The Executive Engineer/Civil, 765, K.V.Electricity Transmission Scheme, Virudhunagar, Virudhunagar District.

7.The Superintending Engineer, Electricity Distribution Circle, Virudhunagar, Virudhunagar District.

8.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

9.The Village Administrative Officer, Endapuli Village, Virudhunagar Taluk, Virudhunagar District.

10.The Joint Director, Horticulture Department, Collectorate, Virudhunagar.

11.The Joint Director, Agriculture Department, Collectorate, Virudhunagar.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to install the Tower Nos. 1I/0-1I/1 as per the prior entry permission order passed by the 2nd respondent in Na.Ka.C4/18049/2020 dated 11.02.2022 in accordance with already sanctioned route map and corridor of the scheme 2/7

transmission line route by rectifying the deviated contradictory installation of the Tower Nos. 1I/0-1I/1 and to reinstall them in its original approved place on the basis of the petitioner's representation dated 21.10.2024 within a time frame to be stipulated by this Court. For Petitioner : Mr.S.Maya Perumal For RR 1,2,4 to 11: Mr.S.Shanmugavel Additional Government Pleader For R2 : Mrs.M.Aasha Government Advocate (Crl.side)

ORDER

This writ petition has been filed seeking for a writ of mandamus directing the respondents to install the Tower Nos. 1I/0-1I/1 as per the prior entry permission order passed by the 2nd respondent in Na.Ka.C4/18049/2020 dated 11.02.2022 in accordance with already sanctioned route map and corridor of the scheme transmission line route by rectifying the deviated contradictory installation of the Tower Nos. 1I/0-1I/1 and to reinstall them in its original approved place.

2. Heard both sides. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3/7

3. It is the grievance of the petitioner that the respondents 5 to 7 have installed the electricity tower deviating the order passed by the second respondent in e.f.rp4/18049/2020 dated 11.02.2022, which affected the petitioner's land. In this regard, he has given an application under Section 17 of the Indian Telegraph Act, 1885, before the second respondent, however no action has been taken so far. Hence, seeks direction.

4. At the outset, the issue involved in this writ petition cannot be decided by this Court. As the petitioner has already given application before the second respondent, who is the competent authority to decide the case of the petitioner, this Court directs the second respondent to consider the application of the petitioner dated 21.10.2024 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 4/7

5. With the above direction, this Writ Petition is disposed of. No costs.

28.01.2025 Index : Yes / No NCC : Yes / No am 5/7

TO:- 1.The Principal Secretary/ Chairman and Managing Director, TANGEDCO, NPKRR Maaligai, 144, Annasali, Chennai.