[Cites 1, Cited by 0]
Madras High Court
Gandhi vs The Superintending Engineer on 20 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
WP(MD). No.31904 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.02.2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
WP(MD). No.31904 of 2025
Gandhi ... Petitioner
Vs
1. The Superintending Engineer,
Tamil Nadu Power Distribution
Corporation Limited,
Ramanathapuram District..
2. The Executive Engineer,
Tamil Nadu Power Distribution
Corporation Limited,
Ramanathapuram District..
3. The Assistant Executive Engineer,
Tamil Nadu Power Distribution
Corporation Limited,
Ramanathapuram District..
4. The National Highways Authority of India,
Madurai.
(R4 is Suo Motu Impleaded Vide Court Order
Dated 10.11.2025 in WP(MD)no.31904 of 2025)
1/6
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WP(MD). No.31904 of 2025
5. The Tahsildar,,
Paramakudi Taluk, Paramakudi,
Ramanathapuram District.
(R5 is Suo Motu Impleaded Vide Court Order
Dated 30.01.2026 in WP(MD)no.31904/2025) ... Respondents
PRAYER :-
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of MANDUMUS directing the
respondents to consider the petitioner's representation dated 09/10/2025
and remove the high tower electric pole in the subject property in Survey
No. 126 / 6B in Bogalur Village, Paramakudi Taluk, Ramanathapuram
District within a time frame that may be stipulated by this Court.
For Petitioner : Mr.J. Barathan,
For Respondents : Mr.S.Deenadhayalan,
Standing Counsel for R1 to R3,
Mr.P.Karthik for R4
Mrs.D.Farjana Ghoushia,
Spl. Govt. Pleader for R5
ORDER
The present Writ Petition has been filed seeking a Mandamus
directing the respondents to remove the high tower electric pole in the
subject property in Survey No. 126 / 6B in Bogalur Village, Paramakudi
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Taluk, Ramanathapuram District, within the time stipulated by this
Court.
2. The 4th respondent has filed a counter affidavit. Paragraph
Nos.6, 7, 9 and 10 are extracted as follows:
“6. It is respectfully submitted that a joint land
survey was conducted on 08.12.2025 in the presence of the
Village Administrative Officer, Bogalur; the Surveyor,
Paramakudi; and representatives of NHAL. Based on the
said survey and field verification, it was found that the mini
tower (Lattice Electric tower) has been erected in the
petitioner's private patta land in Survey No. 126/6B,
Bogalur Village, Paramakudi Taluk, Ramanathapuram
District.
7. It is submitted that the erection of the said mini
tower in the petitioner's private land was inadvertent and
not intentional or willful. The same occurred during the
process of utility shifting undertaken through the
TANGEDCO-licensed contractor under the supervision of
TANGEDCO officials and NHAI appointed Authority's
Engineer, M/s Theme Engineering Services Pvt. LTD.
8. ....
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9. Immediately upon confirmation through the joint
survey that the mini tower stands within the petitioner's
private land, the respondent directed the project appointed
Concessionaire, M/s. DBL Paramakudi Ramanathapuram
Highways Limited to take-up the utility shifting works of 4-
lane project and shift the Mini tower within NHAI Right of
Way (RoW).
10. It is therefore submitted that there was no
deliberate encroachment or unlawful act on the part of this
respondent. The issue, being inadvertent in nature, is being
addressed by initiating necessary shifting of the Mini tower
through the Concessionaire and shifting will be completed
within 6 months.”
3. In view of the counter filed by the 4th respondent, it is
clear that after conducting survey it has been found that electric tower
has been inadvertently erected in the private property of the Writ
Petitioner and now they seek six months time for shifting the same.
4. In view of the above said facts, 4th respondent is directed
to shift the high tower electric pole from the private property of the Writ
Petitioner on or before 31.08.2026.
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5. with the above said observations, this Writ Petition stands
allowed. There shall be no order as to costs.
20.02.2026
Index : Yes/No
NCC : Yes/No
VSM
TO
1. The National Highways Authority of India,
Madurai.
2.The Tahsildar,,
Paramakudi Taluk, Paramakudi,
Ramanathapuram District.
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R.VIJAYAKUMAR, J.
VSM
Date : 20.02.2026
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