C.Jagathieshan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.21220 & 21851 of 2025 N.Jagathieshan ... Petitioner Vs.
1.The District Collector, 7A, PSP Nagar, Korampallam, Thoothukudi - 628 101.
2.The Chairman cum Managing Director, Kudankulam ISTS Transmission Limited, Tirunelveli CAO, 400/230KV Tirunelveli Substation, Abishegapatti - Village, Vellanlankulam (Post), Tirunelveli - 627 012.
... 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 records and quash the proceedings of the Second respondent in Notice. No.217 and 218 DATED 22.09.2025 and Survey No.292/3 and 310/2A as being null and void and consequently seeking appropriate directions 1/9
against the First respondent to reinstate "400KV D/c (QUAD) Kudankulam Nuclear Power Project 3 and 4 Tuticorin GIS Transmission Line, PKG TL01" in the alternate non- Agriculture area. For Petitioner : Mr.V.Balasubramanian For Respondents : Mr.S.Kameshwaran Government Advocate for R.1 Mr.S.Karthick Ram Kumar for R.2
ORDER
Heard both sides.
2.The writ petitioner is the title holder of the petition mentioned land. The second respondent herein intends to install two towers in the said land and draw High Tension overhead lines. This is resisted by the writ petitioner.
3.It is seen that the second respondent has already obtained prior approval from the Government of India under Section 68(1) read with Section 164 of the Electricity Act, 2003. As rightly pointed out by the learned counsel for the second respondent, the prior consent of the land 2/9
owner is not required (vide Power Grid Corporation of India Limited Vs Century Textiles and Industries Limited & Others (2017) 5 SCC 143). However, without paying compensation to the affected land owner, the second respondent cannot assert rights over the land. If the land owner physically resists, the second respondent cannot proceed against the petitioner on its own authority. In the very nature of things, protection order from the jurisdictional District Magistrate would be required. When the District Magistrate passes order under Section 16(1) of the Act, he has to adopt an equitable approach. Without putting the contractor on terms, such permission cannot be granted. This would require a rapid assessment of the land value and the extent of injury which the land owner would suffers.
4.Though in the Century Textiles and Industries Limited case, the Hon'ble Supreme Court of India held that the District Collector cannot be called upon to determine the compensation, the Government of Tamil Nadu vide G.O(Ms)No.86 Energy (A1) Department dated 30.10.2019 had vested the power to determine compensation with the District Magistrate. The said GO reads as follows:
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The District Collector has to carry out this task on an emergent basis. He cannot remain inactive or delay the process.
5.The learned counsel for the second respondent submitted that as early as on August 2025, the first respondent was called upon to decide the issue.
6.The District Collector is directed to pass an order under Section 16(1) of the Act and also determine the compensation payable to the writ petitioner on or before 27.10.2025. The second respondent has undertaken before this Court that once the compensation is determined by the District Collector, it shall be remitted in the writ petitioner's bank account as expeditiously as possible. It is always open to the writ petitioner to move the jurisdictional District Court under Section 16(4) of the Act seeking higher compensation. The second respondent shall resume the activities of erecting the towers and drawing OHD lines only after the compensation determined by the District Collector is deposited. The District Collector shall not seek extension of time. He has to strictly abide by the time line stipulated by this Court. A copy of the order 7/9
passed by the District Collector shall be served on the second respondent on or before 27.10.2025.
7.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 17.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 22.10.2025.
To 1.The District Collector, 7A, PSP Nagar, Korampallam, Thoothukudi - 628 101.
2.The Chairman cum Managing Director, Kudankulam ISTS Transmission Limited, Tirunelveli CAO, 400/230KV Tirunelveli Substation, Abishegapatti - Village, Vellanlankulam (Post), Tirunelveli - 627 012.
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G.R.SWAMINATHAN, J.
MGA 17.10.2025 9/9