High Court · 2025

W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 22.09.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.35656 of 2025 and W.M.P. No.39902 of 2025M/s.Om Muruga Siru VivasayigalNeeretru Pasana Sangam,represented by its President Dr.V.S.Thennarasu... PetitionerVs.1.The District Collector, Namakkal, Namakkal District.2.The Block Development Officer, Panchayat Union, Paramathi, Namakkal District.3.The Block Development Officer, Panchayat Union, Kabilarmalai, Paramathi Velur Taluk, Namakkal District.4.The Chief Engineer/NCES, TNGECL, 10th Floor, Western Wing, 144, Anna Salai, Chennai - 600 002.1/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 20255.The Superintending Engineer/NCES, Tiruppur Road, Jothi Nagar, Udumalpet - 642 126.6.The Executive Engineer/Wind Farm Project, Wind Farm Project (NCES), TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet-642 126. 7.The Superintending Engineer, Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL), Tiruchengode Road, Namakkal, Namakkal District.8.The Divisional Engineer, Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL), Paramathi Velur, Namakkal District.9.The Assistant Executive Engineer (O&M), Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL), Nallur.10.M/s.JRS Green Energy Private Limited... RespondentsPrayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 9 not to accord any permission / approval to the 10th respondent to erect electric poles on the road margin of Paramathi to Perunguruchi Road and the Perunguruchi to Karundavampalayam Road, above the petitioner's water pipeline by considering the representation of the petitioner dated 09.09.2025.2/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025For Petitioner: Mr.S.SenthilFor Respondents : Mrs.S.Anitha,Special Government Pleader for R1Mrs.Vasanthamala for R2 & R3Mr.S.Kalaiselvan for R4 - R8O R D E RThe petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents 1 to 9 not to accord any permission / approval to the 10th respondent to erect electric poles on the road margin of Paramathi to Perunguruchi Road and the Perunguruchi to Karundavampalayam Road, above their water pipeline by considering their representation dated 09.09.2025.2.The case of the petitioner is that the petitioner Society has been formed and registered under the Tamil Nadu Societies Registration Act, 1975 before the Registrar of Societies, Namakkal. The petitioner Society had approached the Government of Tamil Nadu to approve the water scheme for carrying water from the existing well, located in the land in Molasi Village, comprised in S.No.130/2A17. Based on the request of the 3/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025petitioner society, after getting reports from the authorities, the Government of Tamil Nadu, by its Public Works Department, issued a Government Order in G.O. Ms. No.294 dated 28.11.2020 approving the said water scheme for carrying water through pipe line from the said well by using Electric Motor subject to the conditions set out in the Annexure to the said G.O. The petitioner society had paid the track rent of Rs.3,74,429/- and having received the same, the Commissioner of the Panchayat Union, Kabilarmalai, issued an order dated 19.03.2021, according permission for laying the pipelines alongside the roads. Similarly, the petitioner society had also paid the track rent of Rs.9,97,165/- and having received the same, the Commissioner, Paramathi Panchayat Union, by his order dated 15.04.2021, accorded permission to lay pipeline alongside the roads. According to the petitioner, since some miscreants obstructed laying of pipeline, the petitioner had approached this Court in W.P. No.17925 of 2021, seeking for police protection to lay pipeline and this Court, by order dated 27.10.2021 directed the Superintendent of Police, Namakkal, to provide adequate police protection when required for laying the pipelines. In accordance with the same, with the help of the Police Authorities, the petitioner had laid the pipelines. Despite the same, the 10th respondent has erected 24 electric 4/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025poles along the aforesaid road, directly above the pipeline, thereby causing damage to the pipelines causing leakage and wastage of water, thereby severely affecting the agricultural and drinking water requirements of the society members. Narrating the above, the petitioner had given a detailed representation dated 09.09.2025 to the respondents 1 to 9 seeking to remove the 24 electric poles erected by the 10th respondent and objected not to grant NOC to erect electric poles in the said roads, above the petitioner's pipelines. Since the said representation has not been considered, the petitioner is before this Court.3.Learned counsel for the petitioner would submit that the Commissioner of the Panchayat Union, Kabilarmalai, issued an order dated 19.03.2021, according permission for laying the pipelines alongside the roads. Similarly, the petitioner society had also paid the Track rent of Rs.9,97,165/- and having received the same, the Commissioner, Paramathi Panchayat Union, by his order dated 15.04.2021, also accorded permission to lay pipeline alongside the roads and this Court, also by order dated 27.10.2021 directed the Superintendent of Police, Namakkal, to provide adequate police protection when required for laying the pipelines and in 5/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025accordance with the same, with the help of the Police Authorities, the petitioner had laid the pipelines. Therefore, the petitioner prays for appropriate orders for removal of the 24 electric poles erected by the 10th respondent and seeks permission not to grant NOC to erect electric poles in the said roads.4.Learned Standing Counsel for the respondents 2 and 3 would submit that this Court may issue a direction to the respondents 1 to 9 to consider the representation dated 09.09.2025 given by the petitioner for passing appropriate orders.5.Considering the request made by the petitioner and also the fact that the Commissioner, Paramathi Panchayat Union, by his order dated 15.04.2021, accorded permission to the petitioner to lay pipeline alongside the roads and this Court, also by order dated 27.10.2021 directed the Superintendent of Police, Namakkal, to provide adequate police protection when required for laying the pipelines, this Court directs the respondents 1 to 9 to consider the representation dated 09.09.2025 given by the petitioner and to pass appropriate orders not to erect electric poles above the 6/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025petitioner's water pipeline, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.22.09.2025vgaIndex: Yes/ NoSpeaking Order: Yes/ No NCC: Yes/ No7/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025To1.The District Collector, Namakkal, Namakkal District.2.The Block Development Officer, Panchayat Union, Paramathi, Namakkal District.3.The Block Development Officer, Panchayat Union, Kabilarmalai, Paramathi Velur Taluk, Namakkal District.4.The Chief Engineer/NCES, TNGECL, 10th Floor, Western Wing, 144, Anna Salai, Chennai - 600 002.5.The Superintending Engineer/NCES, Tiruppur Road, Jothi Nagar, Udumalpet - 642 126.6.The Executive Engineer/Wind Farm Project, Wind Farm Project (NCES), TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet-642 126. 8/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 20257.The Superintending Engineer, Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL), Tiruchengode Road, Namakkal, Namakkal District.8.The Divisional Engineer, Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL), Paramathi Velur, Namakkal District.9.The Assistant Executive Engineer (O&M), Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL), Nallur.9/10 https://www.mhc.tn.gov.in/judis W.P.No.35656 of 2025 and W.M.P. No.39902 of 2025M.DHANDAPANI,J.vgaW.P.No.35656 of 2025 and W.M.P. No.39902 of 2025 22.09.202510/10