M.Saravanan v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR M.Saravanan ... Petitioner vs.

1. The Commissioner, Karur Municipal Corporation, Karur.

2. The Superintending Engineer (Operation) Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) TNEB complex Near Collectorate, Tiruchirappalli

3. The Assistant Engineer / Transmission 230 KV Sub Station / Pugalur Kagithapuram, Karur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS, to call for the records pertaining to the impugned order vide proceedings in Na.Ka.No. 7898/2025/F1 dated 17.02.2026 passed by the 1st Respondent and quash the same as illegal and consequently directing the 1st Respondent to grant Building Plan Approval for the construction in Plot Nos. 13 and14 situated in S.F.No.441/1J in Inam Karur Village, Karur Taluk, Karur District and pass such further or other orders.

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For Petitioner :Mr.A.N.Ramanathan For Respondents :Mr.K.Balasubramani Standing Counsel - For R1 : Mr.S.Deenadhayalan Standing Counsel - For R2 & R3 *****

O R D E R

1. This writ petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings in Na.Ka.No.7898/2025/F1 dated 17.02.2026 passed by the first respondent, to quash the same as illegal, and consequently to direct the first respondent to grant building plan approval for construction in Plot Nos.13 and 14 situated in S.F.No.441/1J at Inam Karur Village, Karur Taluk, Karur District.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner claims entitlement to put up construction of small shops in Plot Nos.13 and 14 situated in S.F.No.441/1J at Inam Karur 2/6

Village, Karur Taluk, Karur District, and had accordingly submitted an application to the first respondent seeking building permission. The first respondent, by the impugned order dated 17.02.2026, rejected the petitioner's application on the ground that the second respondent/TANGEDCO had not issued a No Objection Certificate (NOC), since overhead transmission lines pass through the said plots.

4. As per Clause 8.6.6 of the Standard Clearances and Spacing for Construction Works, which deals with clearance from buildings, routing of Electricity High Tension (EHT) lines over or adjacent to any building should, as far as possible, be avoided. However, in exceptional cases, the prescribed clearances are: (i) for 110 kV lines, a minimum vertical clearance of 15 feet (4.10 metres), and (ii) a minimum horizontal clearance of 9 feet (2.74 metres). In the present case, the respondent/TANGEDCO, in its communication dated 19.08.2024, has stated that the available vertical clearance is 5.7 metres, which is well above the minimum prescribed standard. Therefore, there is no impediment for putting up construction on the said plots. Consequently, the refusal of the first respondent to grant building permission is not justified, and in view of the clarification issued 3/6

by TANGEDCO, the petitioner is entitled to put up construction in accordance with the applicable bye-laws and regulations.

5. Accordingly, this writ petition is allowed and the impugned order dated 17.02.2026 is set aside. The first respondent is directed to reconsider the petitioner's application afresh, without insisting upon a No Objection Certificate (NOC) from TANGEDCO, and to grant permission, subject to the petitioner satisfying all other requirements under the relevant rules and regulations. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6. There shall be no order as to costs.

Index :Yes / No 11.03.2026 Internet :Yes / No NCC :Yes / No gvn 4/6

To :

1. The Commissioner, Karur Municipal Corporation, Karur.

2. The Superintending Engineer (Operation) Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) TNEB complex Near Collectorate, Tiruchirappalli

3. The Assistant Engineer / Transmission 230 KV Sub Station / Pugalur Kagithapuram, Karur.

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HEMANT CHANDANGOUDAR, J.

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