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2026 DAILYLAW 58520 (MAD)

Manimekalai v. The District Collector

WP(MD)/21482/2026 · 2026-07-28

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.21482 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.21482 of 2026 and W.M.P(MD)Nos.15993 & 15994 of 2026 Manimekalai ... Petitioner Vs 1.The District Collector, Collectorate, Tiruchirapalli. 2.The Superintendent Engineer, Tamil Nadu Electricity Line Corporation, General Construction Circle, Tiruchirapalli. 3.The Revenue Divisional Officer, Musiri Revenue Division, Musiri Town & Taluk, Trichy District. 4.The Tahshildar, Musiri Taluk, Musiri, Trichy District. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 5.The Inspector of Police, Thathaiyengarpettai Police Station, Thathaiyengarpettai, Musiri Taluk, Trichy District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the entire records pertaining to the impugned order of the first respondent in his proceeding Na.Ka.C1/27475/2018 dated 20.07.2026 and to quash the same as illegal arbitrary and against the law. For Petitioner : Mr.C.Kandhavadivelan For Respondents : Mr.R.Ramasamy (R1 to R4) Counsel for State of Tamil Nadu : Mr.R.Mohamed Riyaz (R5) Government Advocate (Criminal Side) ORDER This Writ Petition has been filed seeking to quash the impugned order passed by the first respondent dated 20.07.2026. 2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the agricultural land comprised in Survey No. 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 713/3, Ooraikkarai Village, Musiri Taluk, Trichy District. It is submitted that the said property is the ancestral property of the petitioner and the petitioner is eking out her livelihood through agricultural activities carried out in the said land. While so, the second respondent proposed to erect a high tension tower line through the petitioner's property, though an alternative pathway is available adjacent to the petitioner's land. According to the learned counsel, instead of drawing the line through the available alternative route, the second respondent proceeded to lay the line through the petitioner's property, for which permission was granted by the District Collector vide the impugned order dated 20.07.2026. Challenging the same, the present Writ Petition has been filed. 3.The learned counsel appearing for the petitioner further submitted that, seeking shifting of the proposed tower line, the petitioner submitted a representation before the authorities. Since no orders were passed on the said representation, the petitioner approached this Court by filing W.P.(MD) No.5361 of 2026. This Court, by order dated 26.02.2026, 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 directed the District Collector to consider the representation of the petitioner and pass appropriate orders after affording an opportunity of hearing. Pursuant to the said direction, the impugned order has been passed. 4.The learned counsel appearing for the petitioner submitted that the impugned order is not sustainable in law and the grievance of the petitioner has not been properly considered by the authorities. Therefore, the impugned order warrants interference by this Court. Accordingly, he prayed for allowing the Writ Petition. 5.Per contra, the learned counsel appearing for the respondents 1 to 4 submitted that the erection of the high tension tower line was undertaken by following the due process of law and based on technical requirements. It is further submitted that, if any damage is caused to the petitioner's property, the petitioner is entitled to claim compensation in accordance with the provisions of the Indian Telegraph Act. The compensation amount would be assessed and disbursed by the competent 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 authority within the time frame fixed by this Court. It is also submitted that, if the petitioner is aggrieved by the quantum of compensation fixed by the competent authority, the petitioner has an effective alternative remedy to work out the same in accordance with law. Hence, the learned counsel prayed for dismissal of the Writ Petition. 6.This Court has considered the rival submissions made on either side and perused the materials available on record. 7.The erection of high tension tower lines involves technical considerations and the same cannot be interfered with by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, unless there is any violation of statutory provisions or arbitrariness in the decision-making process. In the present case, the authorities have considered the objections raised by the petitioner and passed the impugned order pursuant to the earlier direction issued by this Court. This Court does not find any valid ground warranting interference with the impugned order. 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 8.Accordingly, this Writ Petition is dismissed. However, the concerned authority is directed to assess and pay the compensation payable to the petitioner for the use of the petitioner's property in accordance with the provisions of the Indian Telegraph Act, within a period of four (4) weeks from the date of receipt of a copy of this order. 9.It is made clear that, if the petitioner is aggrieved by the quantum of compensation fixed by the competent authority, liberty is granted to the petitioner to work out her remedy in the manner known to law. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 28.07.2026 NCC : Yes / No Index : Yes / No ps 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 To 1.The District Collector, Collectorate, Tiruchirapalli. 2.The Superintendent Engineer, Tamil Nadu Electricity Line Corporation, General Construction Circle, Tiruchirapalli. 3.The Revenue Divisional Officer, Musiri Revenue Division, Musiri Town & Taluk, Trichy District. 4.The Tahshildar, Musiri Taluk, Musiri, Trichy District. 5.The Inspector of Police, Thathaiyengarpettai Police Station, Thathaiyengarpettai, Musiri Taluk, Trichy District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21482 of 2026 M.DHANDAPANI, J. ps W.P(MD)No.21482 of 2026 28.07.2026 8/8 https://www.mhc.tn.gov.in/judis