Subbaiah v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Subbaiah ... Petitioner Vs

1. The District Collector, Thoothukudi

2. The Superintending Engineer /GCC / Madurai, Tamilnadu Transmission Corporation Limited, (Transmission Line Construction) Madurai.

3. The Executive Engineer / TLC / Tirunelveli, Tamilnadu Transmission Corporation Limited, (Transmission Line Construction) Tirunelveli District.

4. The Block Development Officer, Karungulam Panchayat Union, Seydunaganallur, Srivaikundam Taluk,

5. The Special Officer, North Karaseri Village Panchayat, Karungulam Panchayat Union, North Karaseri, Srivaikundam Taluk, 1/6

6. The Tahsildar, Srivaikumdam,

7. The Village Administrative Officer, North Karaseri Village, Srivaikundam Taluk, Thoothukudi District.

8. The Executive Director, Fourth Partner Energy Private Limited, Head Office Plot No.N46, House No.4-9-10, (1st Left After Hmt Nagar Arch), HMT Nagar, Hyderabad 500 076.

9. The Manager, Fourth Partner Energy Private Limited, Kombukkara Natham, Vadakku Karaseri, Srivaikundam Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents No.1 to 6 herein to take action against the respondents No/8 & 9 and also to consider petitioner's representation dated 26.05.2025, within a time prescribed by this Court.

For Petitioner : Mr.S.Muthu Malai Raja For R-1, 6 & 7 : Mr.M.Lingadurai Special Government Pleader For R-2 & 3 : Mr.S.Deenadhayalan For R-4 & 5 : Mr.D.Sasikumar Additional Government Pleader 2/6

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents No.1 to 6 herein to take action against the respondents No/8 & 9 and also to consider petitioner's representation dated 26.05.2025.

2. The contention of the petitioner is that the respondents 8 and 9 are erecting high tension power lines through the petitioner's agricultural land without obtaining prior permission from the petitioner. It is a settled proposition that if TANGEDCO / TANTRANSCO erects high voltage power lines, being statutory bodies, they are empowered to invoke the provisions of the Telegraph Act and proceed with the project. However, if any private party is intended to erect high tension power lines, they are bound to obtain permission from the agricultural land holders. If the land owners refused to grant permission, then the private party obtain such permission from District Collector. This Court is of the considered opinion that without fulfilling such conditions, respondents 8 & 9 cannot proceed with the project.

3. The learned Counsel appearing for the TANGEDCO submitted that the project has already been completed by covering the other area, except the 3/6

petitioner's land.

4. In such circumstances, the only available remedy to the petitioner is to seek compensation for the erection of power lines. Therefore, the petitioner is directed to submit a fresh representation to the District Collector / first respondent within a period of one week from the date of receipt of a copy of this order. The District Collector shall consider the petitioner's representation dated 26.05.2025 and to conduct an enquiry after issuing notice to the petitioner, respondents 8 and 9 and TANGEDCO and thereafter, pass appropriate orders within a period of three

(3) months therefrom.

5. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.

26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6

To:

1. The District Collector, Thoothukudi, Thoothukudi District.

2. The Superintending Engineer /GCC / Madurai, Tamilnadu Transmission Corporation Limited, (Transmission Line Construction) Madurai.

3. The Executive Engineer / TLC / Tirunelveli, Tamilnadu Transmission Corporation Limited, (Transmission Line Construction) Tirunelveli District.

4. The Block Development Officer, Karungulam Panchayat Union, Seydunaganallur, Srivaikundam Taluk,

5. The Special Officer, North Karaseri Village Panchayat, Karungulam Panchayat Union, North Karaseri, Srivaikundam Taluk,

6. The Tahsildar, Srivaikumdam, Thoothukudi District.

7. The Village Administrative Officer, North Karaseri Village, Srivaikundam Taluk, Thoothukudi District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 26.06.2025 6/6