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2026 DAILYLAW 67603 (MAD)

Sharika Promoters Private Ltd v. THE SUPERINTENDING ENGINEER

WP/3349/2026 · 2026-02-04

P T Asha

Transfer Petitionbody2026

Judgment text

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W.P.No.3349 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04.02.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.3349 of 2026 and WMP.Nos.3783 and 3784 of 2026 Sharika Promotors Private Ltd, Rep by its Director, AVS House, No.298, 2nd Floor, Sipcot Staff Housing Colony, Mookandapalli, Hosur 635 126, Krishnagiri District ... Petitioner Vs. The Superintending Engineer, General Construction Circle GCC-Salem, TANTRANSCO, Kamaraj Nagar, Colony, Attur By pass Road, Salem 636 014. ...Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, call for the records relating to impugned order in Lr.No.SE/GCC/SLM/AEE(GL)/AEC/F M/s.Sharilka promoters (DCW)/D.37/26 dated 14.1.2026 passed by the respondent herein and quash the same as illegal improper unreasonable arbitrary and consequently direct the respondent herein to permit the petitioner to 1/6 https://www.mhc.tn.gov.in/judis W.P.No.3349 of 2026 deposit the Deposit contribution works(DCW)charges of Rs.75,46,630/-within stipulated time period as may be fixed by this Court. For Petitioner : Mr.N.Sudharsan for Mr.T.Sundaravadanam For Respondent : Mr.D.R.Arun Kumar, Standing Counsel O R D E R This writ petition is filed for the following relief: “To issue a writ of Certiorarified Mandamus, calling for the records relating to impugned order in Lr.No.SE/GCC/SLM/AEE(GL)/AEC/F M/s.Sharilka promoters (DCW)/D.37/26 dated 14.1.2026 passed by the respondent herein and quash the same as illegal, improper, unreasonable arbitrary and consequently to direct the respondent herein to permit the petitioner to deposit the Deposit contribution works (DCW) charges of Rs.75,46,630/-within the stipulated time.” 2. The petitioner had purchased agricultural lands situated at Subbagiri Village, Shoolagiri Taluk, Krishnagiri District, namely: (i) 29.5 cents in S.No.9/3A under Document No.8811/2024 dated 2/6 https://www.mhc.tn.gov.in/judis W.P.No.3349 of 2026 21.12.2024, and (ii) 34 cents in S.No.9/3A under Document No.8984/2025 dated 18.12.2025. The said lands were originally owned by one Duruvasan and others. The previous owner had been carrying on cultivation in the said lands for several years without any hindrance. The said cultivation was suddenly affected due to the proposed erection of lattice towers for a high voltage power transmission line from Karimangalam to Hosur at Uddanapally Sub- Station, Tower Location Nos.1 to 4, by the respondent. 3. On 13.12.2024, when the petitioner enquired about the details of the blueprint and alignment of the transmission line with the respondent officials, the same was not furnished. Therefore, objections were raised to the laying of the transmission line through the middle of the agricultural lands, as it would severely affect cultivation. The said Duruvasan submitted representations dated 16.12.2024 and 19.12.2024 requesting the respondent to shift the alignment to the eastern corner of the lands, enabling the transmission line to pass through Government lands in S.Nos.6, 7 and 8, with a minor deviation, thereby avoiding loss to farmers. The said representations were the subject matter of W.P.No.39729 of 2024, 3/6 https://www.mhc.tn.gov.in/judis W.P.No.3349 of 2026 which was disposed of on 27.12.2024, directing the respondent therein to consider the representations dated 16.12.2024 and 19.12.2024. Thereafter, a deviation/shifting order was passed on 10.11.2025 directing the petitioner to pay Deposit Contribution Works of Rs.75,46,630/-. The petitioner is ready and willing and has made arrangements to pay the requisite shifting charges as per the said order. However, without notice and in a hurried manner, the respondent had passed an order on 14.01.2026 rejecting the earlier deviation permissible order dated 10.11.2025 and is now attempting to proceed with the original alignment, without following due process of law. Challenging the impugned order, the petitioner is before this Court. 4. The learned counsel for the petitioner, on instructions, would submit that sum demanded by the respondents would be paid within a period of six weeks from today. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.3349 of 2026 5. In view of the above, the impugned order dated 14.01.2026 is set aside subject to the condition that the petitioner pays a sum of Rs.75,46,630/- to the respondents towards Deposit Contribution Work(DCW) charges, within a period of six weeks from today. It is needless to state that in the event the amount is not paid within the stipulated time, the impugned order dated 14.01.2026 shall stand revived. Accordingly, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 04.02.2026 (srn) Index: Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To The Superintending Engineer, General Construction Circle GCC-Salem, TANTRANSCO, Kamaraj Nagar, Colony, Attur By pass Road, Salem 636 014. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.3349 of 2026 P.T. ASHA . J., srn W.P.No.3349 of 2026 and WMP. WMP.Nos.3783 and 3784 of 2026 026 04 .02.2026 6/6 https://www.mhc.tn.gov.in/judis