Madras High CourtWP(MD)/16514/2024disposed of

K.Rahamadulla v. The District Collector

2024-07-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Rahamadulla ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Superintendent of Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul, Dindigul District.

3.The Project Director, Office of the Deputy General Manager (Tech) Cum Project Director, Project Implementation Unit, National Highways Authority of India (NH209), Dindigul - 624 004.

4.The Competent Authority and Special District Revenue Officer(Land Acquisition), National Highways-209, Dindigul District.

5.The Executive Engineer (TLC), Office of the Executive Engineer, Tower Line Construction, TANGEDCO, Dindigul.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from installing extra High Tension(EHT) Overhead electric lines over and through the petitioner patta land comprised in Survey No.587/2 bearing patta No.2232 situated at Kodalvavi Village Dindigul West Taluk, Dindigul District without obtaining sanction and permissions from the 1st respondent and determining and paying full compensation as provided under Sec.10(d) read with sec.16 of the Indian Telegraph Act 1885. For Petitioner : Mr.M.Aarumugam For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1, R2, R4 & R5.

Mr.P.Karthick for R3.

ORDER

The petitioner wants this Court to forebear the respondents from installing extra high tension overhead electric lines over and through his patta lands. It is well settled that if the land owner obstructs, then the authorities have to obtain permission under Section 16 of the India Telegraph Act, 1885 before the first respondent. Mandating the respondent / authorities to adhere to due process of law, the writ petition is disposed of. No costs. 23.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The District Collector, Dindigul District.

2.The Superintendent of Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul, Dindigul District.

3.The Competent Authority and Special District Revenue Officer(Land Acquisition), National Highways-209, Dindigul District.

4.The Executive Engineer (TLC), Office of the Executive Engineer, Tower Line Construction, TANGEDCO, Dindigul.

3/4

G.R.SWAMINATHAN, J.

ias 23.07.2024 4/4