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2025 DAILYLAW 154012 (MAD)

Selvaraj v. The District Collector

WP(MD)/21099/2025 · 2025-08-07

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.21099 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21099 of 2025 and W.M.P.(MD)Nos.16317 & 16318 of 2025 Selvaraj ... Petitioner Vs. 1.The District Collector, Tuticorin District, Tuticorin. 2.The Block Development Officer, Kayathar Union, Tuticorin District. 3.The Executive Officer, Vellalankottai Panjayat, Tuticorin District. 4.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation, Tirunelveli Electricity Distribution Circle, Maharaja Nagar, Tirunelveli District. 5.The Executive Engineer, Tamil Nadu Generation & Distribution Corporation, 430/203-110 KV Sub Station, 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21099 of 2025 Kayathar, Tuticorin District. 6.Solar Power Plant (100 MV), Rep. By its Manager, M/s.Tata Power Renewable Energy Ltd., Vellalankottai Village & Panchayat, Kayathar Union and Taluk, Tuticorin District. 7.M/s.Dasa Infra System (P) Limited, Rep.. by its authorized Officer, R.Gopalakrishnan, No.230/4, Anbu Illam, Covai Road, Anna Nagar, Palladam, Tiruppur District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned survey notice in Se.Mu.A No.A5/3008258/2025 dated 30.05.2025 issued by the 1st respondent and quash the same as illegal and consequently preventing the respondents in any manner from erecting High-Tension Level Transmitter Electricity line between the “Periya Kulam Water Cane” more fully land comprised in S.No.324 and 415/1 situated at Suryaminkini Village, Vellanlottai panjayat Kayathar Taluk, Tuticorin District based on the petitioner's representation dated 14.07.2025 within the time stipulated by this Court. For Petitioner :Mr.S.Sathyachidambaram For Respondents :Mr.C.Venkateshkumar Special Government Pleader for R1 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21099 of 2025 : Mr.S.Kameswaran Government Advocate for R2 & R3 : Mr.Sathish Parasaran Senior Counsel for Mr.S.Parthasarathy for R6 ORDER Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for R1 and the learned Government Advocate for R2 & R3 and the learned standing counsel for R4 & R5 and the learned senior counsel for R6. 2. The petitioner herein is a resident of Suryaminkini village. He is an agriculturist by avocation. He challenges the proceedings dated 30.05.2025 issued by the District Collector, Thoothukudi granting NOC in favour of R6 for erecting the petition mentioned EHV towers across Periyakulam Kanmoi located in his village. Pursuant to the direction given by this Court in another case, the Government had issued G.O.(Ms)No.101, Water Resources (R2) Department, dated 30.09.2024 mandating that such towers can be installed only after getting permission from the concerned authorities. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21099 of 2025 3. In the case on hand, the sixth respondent has put up the towers only after getting NOC from the first respondent. Erection of towers is an integral part of a project involving transmission of energy. The alignment factor is paramount. In such matters, the modalities of installation and erection will have to be left to the wisdom of experts. The writ Court may not be in a position to go into the nitty-gritties. From the photographs produced before us, we are satisfied that the integrity as well as the storage capacity of the water body has not been affected. We do not find any ground to interfere with the order passed by the first respondent. 4. At the same time, we suggested to the learned senior counsel that since as many as 8 towers are being put across a water body, the sixth respondent may consider deploying their CSR funds for the benefit of the villagers. The learned senior counsel submitted that he would advise the sixth respondent accordingly and we are confident that the said advice will be heeded to. It is further undertaken that all the safety measures stipulated by the first respondent will be scrupulously adhered to. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21099 of 2025 5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 07.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Tuticorin District, Tuticorin. 2.The Block Development Officer, Kayathar Union, Tuticorin District. 3.The Executive Officer, Vellalankottai Panjayat, Tuticorin District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21099 of 2025 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.21099 of 2025 07.08.2025 6/6 https://www.mhc.tn.gov.in/judis