- Court
- High Court of Madras
- Decided
- 16 February 2026
- Bench
- R.Vijayakumar
- Case no.
- WP(MD) 3860/2026
Judgment
O R D E R The present writ petition has been filed seeking a Writ of Mandamus directing the respondents to remove and divert the proposed project of laying poles and towers through the petitioner's property situated at Siruthur Village Hamlet, Tiruppalai, Madurai North Taluk, in R.S.No119/4A2, measuring an extent of 33 cents of punja land, by considering the petitioner's representations dated 23.01.2026 and 07.02.2026.
¶2The learned counsel appearing for the writ petitioner submitted that the petitioner is the owner of the aforesaid property. According to him, the respondents are attempting to erect a tower line in the petitioner's private property without obtaining prior permission. It is his further submission that erection of the tower would seriously affect the ingress and egress to the property and completely obstruct its frontage, thereby diminishing the value of the land. In such event, the petitioner would not be in a position to effectively utilise the entire extent of 33 cents of punja land.
¶3Per contra, the learned Standing Counsel appearing for the respondents submitted that the project is governed by the Energy (A1) Department in G.O.(Ms) No.04 (Four), dated 06.01.2023, wherein the project is included as Clause No.59. Since the project has been duly approved by the Government, obtaining prior permission from the petitioner does not arise. It is further submitted that if the petitioner seeks relocation of the tower line, he has to approach the concerned District Collector under Section 17 of the Indian Telegraph Act, 1885. Insofar as compensation is concerned, the respondents would pay compensation in accordance with G.O.Ms.No.86, dated 30.10.2019 and if the petitioner seeks enhancement of compensation, he may approach the competent authority in the manner known to law.
¶4Heard the learned counsel appearing on either side and perused the materials available on record.
¶5On perusal of the records, it is seen that the project has been approved by the Government under G.O.(Ms) No.04 (Four), Energy (A1) Department, dated 06.01.2023. In such circumstances, the question of issuing notice or obtaining prior permission from the writ petitioner would not arise. However, if the petitioner seeks relocation of the tower on the ground that it materially affects the frontage of his property, it is open to him to approach the District Collector, Madurai, as contemplated under Section 17 of the Indian Telegraph Act, 1885. If any such application is filed on or before
23.02.2026, the same shall be considered and disposed of on merits and in accordance with law within a period of two (2) weeks thereafter. Till such time, the respondents shall not proceed further.
¶6With the above observations and directions, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
16.02.2026 NCC : Yes / No
Index : Yes / No Internet : Yes / No pal To
1.The Chief Engineer, TANGEDCO, Transmission Projects and Systems Operation, Race Course Road, Madurai – 625007.
2.The Superintending Engineer, Distribution Metro, TANGEDCO, K.Pudur, Madurai – 7.
3.The Executive Engineer, TANGEDCO, North Metro, K.Pudur, Madurai-7. R.VIJAYAKUMAR,J. pal W.P(MD)No.3860 of 2026
16.02.2026
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.3860 of 2026 and W.M.P(MD) No.3164 of 2026 M.P.Chinna Murugan ... Petitioner Vs. 1.The Chief Engineer, TANGEDCO, Transmission Projects and Systems Operation, Race Course Road, Madurai – 625007. 2.The Superintending Engineer, Distribution Metro, TANGEDCO, K.Pudur, Madurai – 7. 3.The Executive Engineer, TANGEDCO, North Metro, K.Pudur, Madurai-7. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove and divert the proposed project of laying poles and tower through the petitioner's property situated in Siruthur Village Hamlet of Tiruppalai, Madurai North Taluk, in R.S. No.119/4A2 an extent of 33 cents punja lands and consider the representation dated 23.01.2026 and 07.02.2026. For Petitioner : Mr.K.Muraleedharan For Respondents : Mr.S.Deenadhayalan, Standing Counsel
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