Madras High CourtWP(MD)/28950/2025dismissed

Saraswathi v. The District Collector

2025-10-16Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.28950 of 2025 Saraswathi ..Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Superintending Engineer, Tamilnadu Power Distribution Corporation Ltd., (TNPDCL), Race Course Road, K.Pudur, Madurai.

3.The Executive Engineer, Tamil Nadu Power Distribution Corporation Ltd., Madurai East Division, TNEB Quarters, Opp. to Kalaignar Centenary Library, Madurai - 07.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to remove the High Power Transformer installed in the petitioner's property in S.No.146/6H in Perungudi Village, Thirupparankundram Taluk, Madurai District within a stipulated time as may be fixed by this court. 1/4

For Petitioner : Mr.S.Bala Karthick For Respondents : Mrs.S.Jeyapriya Govt. Advocate (for R1) Mr.S.Deenadhayalan (for R2 and R3)

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents to remove the High Power Transformer installed in the petitioner's property situated in S.No.146/6H, Perungudi Village, Thirupparankundram Taluk, Madurai District, within a time frame as may be stipulated by this Court.

2. On perusal of the records, it is seen that the transformer was erected as early as in the year 2007 and has been in existence for more than 18 years. It is also not in dispute that the petitioner has approached this Court only in the year 2025, seeking its removal.

3. This Court is of the considered view that such a belated challenge cannot be entertained at this distant point of time, particularly when the installation has been in operation for several years and serves a public 2/4

utility purpose. The petitioner has also not established that the installation was made without due authority or that it presently causes any imminent danger or infringement of legal rights. This Court would observe that while citizens are entitled to protect their property rights, such claims must be made within a reasonable time, and not after long inaction, especially when public infrastructure has been functioning without objection for many years.

4. Accordingly, the writ petition stands dismissed. No costs. 16.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The District Collector, Madurai District, Madurai.

2.The Superintending Engineer, Tamilnadu Power Distribution Corporation Ltd., (TNPDCL), Race Course Road, K.Pudur, Madurai.

3.The Executive Engineer, Tamil Nadu Power Distribution Corporation Ltd., Madurai East Division, TNEB Quarters, Opp. to Kalaignar Centenary Library, Madurai - 07.

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P.T.ASHA, J.

skn Writ Petition(MD)No.28950 of 2025 16.10.2025 4/4