Citation : 2026 Latest Caselaw 665 Mad
Judgement Date : 23 February, 2026
W.P.(MD).No.2088 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.2088 of 2026
and
W.M.P(MD) No.1657 of 2026
T.Rajagopal ...Petitioner
Vs
1.The District Collector,
District Collector Office,
Theni, Theni District.
2. The District Revenue Officer
(Land Acquisition),
National Highway,
D.No.4-362-2,
Maharaja Nagar,
Seinamanayakkanpatti Village,
Dindigul West Zone,
Dindigul District – 624 004.
3. The Special Tahsildar
(Land Acquisition),
Project Unit IV,
District Collector Office,
Theni, Theni District.
4. The Assistant Executive Engineer,
Bodinayakkanur Town,
Bodinayakkanur,
Theni District. ... Respondents
1/7
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W.P.(MD).No.2088 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the fourth
respondent to remove the High Tension Electrical Line passing through
petitioner's constructed house in the South – North direction, by considering
the petitioner's representation dated 22.12.2025.
For Petitioner : Mr.Raja M.A.M
For R1 to R3 : Mr.M.Gangadharan
Government Advocate
For R4 : Mr.S.Deenadhayalan
Standing Counsel
ORDER
The present writ petition has been filed seeking a Mandamus directing
the fourth respondent to remove the High Tension Electrical Line which is
going across the property of the writ petitioner by considering his
representation dated 22.12.2025.
2. For the widening of the national highways, a portion of the property
of the petitioner has been acquired. After acquisition, the poles have been
moved to the acquired land.
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3. According to the learned counsel appearing for the petitioner, earlier
the lines were going in the east west direction in the existing portion of the
property. Now after acquisition, the petitioner has put up construction in the
un-acquired portion. After construction was put up by the petitioner, the
fourth respondent has altered the alignment of the service lines to that of the
South – North direction. In view of the change in alignment of the service
lines, now the electricity service lines are going across the property of the
petitioner and apart from the East West direction now lines are drawn in the
South – North direction also.
4. According to the learned counsel appearing for the petitioner, the
petitioner is not able to go to the upstairs, in view of the fact that the lines are
very close to the constructed building of the writ petitioner. He further
submits that the petitioner could not put up any further construction in view
of the lines drawn by the fourth respondent and it would affect the value of
the property. Therefore, the petitioner has sent a representation on 22.12.2025
to the fourth respondent for removal of the electricity lines across the
property. Thereafter, the petitioner has filed the present writ petition.
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5. According to the learned counsel appearing for the fourth
respondent, this alignment is based upon the several poles after widening the
national highways. In case, if the petitioner wants to change the alignment of
the service lines, it is for him to approach the concerned District Collector to
remove the electrical lines going across the property of the writ petitioner. It
is for him to decide whether it can be done either under the ECW Scheme or
at the cost of the national highways.
6. The learned Government Advocate appearing for the Highways
Department submitted that they have laid the pole only in the acquired land
and not in the private property of the writ petitioner. Therefore, according to
him, the petitioner cannot have any grievance over the drawing of the lines.
7. Heard both sides and perused the materials available on record.
8. The facts narrated above will clearly indicate that apart from East-
West lines South-North lines have also been drawn after portion of the lands
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were acquired from the writ petitioner. As on today, admittedly, the lines are
going across the property of the writ petitioner. According to him, it may
cause danger to anyone who goes to the first floor.
9. Therefore, it is clear that the petitioner now seeks relocation of the
pole as well as the alignment of the service line as contemplated under
Section 17 of the Indian Telegraph Act, 1885. For this, the petitioner has to
approach the concerned District Collector, namely the first respondent for
relocation of the Poles as well as the lines. In case, if any such application is
filed, the same shall be considered after making an inspection of the property
in the presence of the Highways officials as well as the TANGEDCO officials
and orders may be passed either to relocate the poles or to sustain the poles in
the existing location. The said exercise shall be completed within a period of
twelve weeks from the date of receipt of a copy of this order.
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10. With the above said observation, this Writ Petition stands disposed
of. There shall be no order as to costs. Consequently connected
Miscellaneous Petition stands closed.
23.02.2026
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1.The District Collector,
District Collector Office,
Theni, Theni District.
2. The District Revenue Officer
(Land Acquisition),
National Highway,
D.No.4-362-2, Maharaja Nagar,
Seinamanayakkanpatti Village,
Dindigul West Zone,
Dindigul District – 624 004.
3. The Special Tahsildar
(Land Acquisition),
Project Unit IV,
District Collector Office,
Theni, Theni District.
4. The Assistant Executive Engineer,
Bodinayakkanur Town,
Bodinayakkanur,
Theni District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 02:52:52 pm )
R.VIJAYAKUMAR,J.
ebsi
23.02.2026
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