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2025 DAILYLAW 146846 (MAD)

R.Guruvammal v. The District Collector

WP(MD)/17575/2025 · 2025-06-30

S Srimathy

Transfer Petitionbody2025

Judgment text

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.06.2025 CORAM: THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No. 17575 of 2025 and W.M.P(MD)No. 13419 of 2025 R.Guruvammal ... Petitioner Vs. 1.The District Collector, O/o. The Collectorate, Theni District. 2. The Eurus Helios Infrastructure Private Limited, Represented by its Authorized Signatory, No.12/1, Murugappa Street, Kotturpuram, Chennai – 85. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents 1 & 2 from erection of any solar or electric poles or using the land to lay any sort of wires in the land situated in Survey No.158/2A situated at Jangalpatti Village, Theni Taluk, Theni District within time stipulated. _________ p. 2 For Petitioner : Mr.C.Jeganathan For Respondents : Mr.M.Lingadurai Special Government Pleader, for R-1 Mr.Aayiram K. Selvakumar, for R-2 ORDER This writ petition is filed for Writ of Mandamus forbearing the respondents 1 & 2 from erection of any solar or electric poles or using the land to lay any sort of wires in the land situated in Survey No.158/2A. 2. Admittedly, there is no proposal by the 2nd respondent to erect solar panels or windmills for the purpose of generating electricity. 3. The learned counsel appearing for the petitioner submitted that, as per the Telegraph Act, the 2nd respondent is required to obtain "enter upon" permission from the 1st respondent. 4. On instructions, the learned counsel appearing for the 2nd respondent submitted that, as on date, the 1st respondent/District _________ p. 3 Collector has not granted any such permission and the issue remains pending. 5. Therefore, this Court directs the petitioner to file an appropriate application before the 1st respondent within a period of one week from the date of receipt of a copy of this order. Upon receipt of such application, the 1st respondent/District Collector shall conduct an enquiry, after issuing enquiry notice to both the petitioner and the 2nd respondent, and pass appropriate orders within a period of eight weeks thereafter. Both the petitioner and the 2nd respondent are permitted to submit their contention. 6. With these observations, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 30.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes KSA _________ p. 4 To 1.The District Collector, O/o. The Collectorate, Theni District. 2. The Eurus Helios Infrastructure Private Limited, Represented by its Authorized Signatory, No.12/1, Murugappa Street, Kotturpuram, Chennai – 85. _________ p. 5 S.SRIMATHY, J KSA W.P.(MD) No. 17575 of 2025 30.06.2025 _________