Petitioner sought removal of electric poles and lines allegedly erected in his land serving a neighbouring windmill company. On the Tahsildar's report, the court found the land was government poramboke, the poles stood in third-party land, and the windmill elsewhere; the writ petition was closed with no costs.
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W.P.(MD)No.26735 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.11.2025
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA
W.P.(MD).No.26735 of 2025
K.Raj
... Petitioner
Vs.
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W.P.(MD)No.26735 of 2025
4th Floor, Caledon Square, Avinashi Road, Peelamedu, Coimbatore – 641 001, Through its Managing Director.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 3 to remove the electric poles, electric wires and other electric materials erected in the petitioner's land in Survey No.27 sitauted at Sekkarakudi Village, Srivaikundam Taluk, Thoothukudi District connecting the wind mills installed in the adjacent lands by the above 6th respondent company, on the basis of the petitioner's representations dated 04.09.2025.
For Petitioner : Mr.B.N.Raja Mohamed For R1 and R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 : Mr.S.Deenadhayalan For R4 and R5 : Mr.S.Prakash Government Advocate (Crl.Side) For R6 : Mr.M.P.Dhamodaran
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W.P.(MD)No.26735 of 2025
ORDER
The above writ petition has been filed for the following relief:-
“Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 3 to remove the electric poles, electric wires and other electric materials erected in the petitioner's land in Survey No.27 situated at Sekkarakudi Village, Srivaikundam Taluk, Thoothukudi District connecting the wind mills installed in the adjacent lands by the above 6th respondent company, on the basis of the petitioner's representations dated 04.09.2025.”
Government Pleader appearing for the respondents 1 and 2 had filed a report of the Tahsildar dated 06.11.2025, wherein it has been stated as follows:-
“ Jhj;Jf;Fo khtl;lk; kw;Wk; tl;lk; brf;fhuf;Fo fpuhkk;. tHf;fpy; Fwpg;gplg;gl;Ls;s g[y vz;/27 MdJ muR g[wk;nghf;F tifghl;oy; 01.42.5 b __ f;nlh; epyk; Xil vd fpuhk fzf;fpy; jhf;fyhfpa[s;sJ/ nkw;fz;l g[yj;jpy; vt;tpj kpd;fk;gKk;. kpd;fk;gpfSk; bry;ytpy;iy/ nkYk; ehd;F fhw;whiy kpd;fk;g';fs; g[y vz;/31/1-y; elg;gl;Ls;sJ/ nkw;fz;l g[y vz;/31/1-y; 01.68.00 b __ f;nlh; gug;ghdJ gl;lh vz;/957-y; n & kh
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W.P.(MD)No.26735 of 2025
gtu; & ,d;g;uh!;l;uf;ru; fk;gdp gpiuntl; ypl; vd;w bgaupy; fpuhk fzf;fpy; jhf;fyhfpa[s;sJ/ nkYk; kw;bwhU kpd;fk;gk; g[y vz;/23y; cs;sJ/ nkw;fz;l g[y vz;/23 MdJ muR g[wk;nghf;F tifghl;oy; 0/27/50 b __ f;nlh; epyk; Xil vd fpuhk fzf;fpy; jhf;fyhfpa[s;sJ vd;w tpguj;jpid khz;g[kpF ePjpkd;wj;jpy; bjuptpj;jpl gzpt[ld; nfl;Lf;bfhs;fpwnd;/ ”
S.No.27 is government poramboke land and S.No.23 belongs to Dema Power D Enterprises Private Limited. Electric poles are admittedly fixed in the lands in S.No.23, which belongs to the third party. The windmill is situated in S.No.31. Therefore, the lines do not proceed through the lands, and the poles are also not found in the lands.
07.11.2025
NCC :yes/No Index :yes/No Internet:yes/No rgm
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W.P.(MD)No.26735 of 2025
To
(R7 is suo motu impleaded vide Court order dated 13.10.2025 in W.P(MD)No.26735 of 2025 by PTAJ)
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W.P.(MD)No.26735 of 2025
P.T.ASHA, J.
rgm
W.P.(MD).No.26735 of 2025
07.11.2025
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1 issue framed by the court
Whether electric poles and lines erected in connection with windmills encroached upon the petitioner's land in S.No.27.
1 provisions across 1 enactments
K.Raj
The State of Tamil Nadu, Represented by the District Collector, Thoothukudi District
The Tahsildar, Srivaikundam Taluk, Thoothukudi District
The Superintending Engineer, TANGEDCO, Srivaikundam, Thoothukudi District
The Superintendent of Police, Thoothukudi
M/s.Leap Green Energy Private Limited through its Managing Director
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
