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CDJ 2026 MHC 1376
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.P. (MD) No. 2088 of 2026 & W.M.P (MD) No. 1657 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR |
| Parties : T. Rajagopal Versus The District Collector, Theni & Others |
| Appearing Advocates : For the Petitioner: M.A.M. Raja, Advocate. For the Respondents: R1 to R3, M. Gangadharan, Government Advocate, R4, S. Deenadhayalan, Standing Counsel. |
| Date of Judgment : 23-02-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Section 17 of the Indian Telegraph Act, 1885
2. Catch Words:
- Writ of Mandamus
- High Tension Electrical Line
- Relocation of poles
- District Collector
- ECW Scheme
3. Summary:
The petitioner seeks a writ of mandamus directing the fourth respondent to remove high‑tension electric lines that now run South‑North across his house after a portion of his land was acquired for highway widening. The lines were originally East‑West, but were realigned after acquisition, obstructing the petitioner’s construction and posing safety concerns. The petitioner submitted a representation on 22‑12‑2025 requesting removal. The fourth respondent contends the alignment follows highway widening requirements and any change must be sought from the District Collector under the ECW Scheme. The Highways Department argues the poles are on acquired land, not the petitioner’s private property. The Court observes that the lines do cross the petitioner’s remaining land and directs the petitioner to approach the District Collector for relocation under Section 17 of the Indian Telegraph Act, with an inspection to be completed within twelve weeks. The petition is therefore disposed of without any order as to costs.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(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.)
1. 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.
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.
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 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.
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.
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