Authority: High Court of Judicature at Madras

Order Date: 11 September 2026

Case Overview

  • Petition No. 19495 of 2026 filed under Article 226 by K.M. Sivasamy (resident of Lakkumanaickenpatti Village, Tiruppur) seeking a writ of certiorari to quash the District Collector’s order (Na.Ka.No. 25632/2025/E5 dated 02‑01‑2026).
  • Respondents: 1) District Collector, Tiruppur; 2) Superintendent of Police, Tiruppur; 3) Revenue Divisional Officer, Dharapuram; 4) Tahsildar, Kangeyam; 5) Commissioner, Vellakovil Municipality; 6) Block Development Officer, Vellakovil; 7) JSW Renewable Energy Dolvi Three Limited (private company, SPV of JSW Neo Energy Ltd, subsidiary of JSW Energy Ltd).
  • Impugned order granted permission under Section 16 of the Indian Telegraph Act, 1885 to erect 33 kV high‑tension towers and string overhead transmission lines across fourteen survey numbers in Vellakovil Village and eight survey numbers in Lakkamanaickenpatti Village – all government poramboke lands, a stream and cart tracks – to convey electricity from a wind‑power plant to a 230/33 kV sub‑station at Peramium, Dharapuram Taluk.
  • Petitioner alleged: (i) violation of Articles 14 and 21; (ii) misuse of Section 16 because the land is already government‑owned; (iii) JSW does not qualify as a “Telegraph Authority” under the Act; (iv) absence of notification under Section 164 of the Electricity Act; (v) reliance on irrelevant Government Orders (G.O. Ms.No. 101, 172, 80); (vi) lack of proper enquiry and disregard of villagers’ objections dated 26‑11‑2025 and 02‑12‑2025.
  • Respondents argued that objections were considered, a written undertaking was obtained from JSW, and thirty‑six conditions were imposed to safeguard water storage, drainage, cart tracks, trees and public pathways. They cited a Memorandum of Understanding dated 04‑08‑2025 for a Rs 1,500 crore investment, connectivity grants from Central Transmission Utility of India Ltd (16‑05‑2025, 14‑07‑2025), prior approval under Section 68(1) of the Electricity Act, 2003 (notification dated 02‑03‑2026), route approval from the Central Level Power and Telecommunication Co‑ordination Committee (16‑04‑2026), and permission under Section 16(1) of the Telegraph Act (02‑01‑2026).
  • The court noted that JSW Renewable Energy Dolvi Three Ltd is a Special Purpose Vehicle incorporated on 05‑02‑2024, wholly owned by JSW Neo Energy Ltd, itself a subsidiary of JSW Energy Ltd, and is entitled to use approvals obtained by its parent.
  • Detailed departmental reports (Revenue Divisional Officer, Tahsildar, Block Development Officer, Municipal Commissioner) confirmed the lands were government poramboke and recommended grant of permission subject to conditions, including payment of track rent, protection of drinking‑water pipelines, and non‑obstruction of future road widening.
  • The order expressly limited permission to the identified survey numbers, imposed 36 conditions covering water‑body protection, drainage, tree felling, cart‑track usage, repair obligations, concrete embedding of poles, and relocation at JSJ’s expense if required for future public projects.

Final Outcome

  • The High Court held the District Collector acted within jurisdiction, the order was passed after due enquiry, and the 36 conditions adequately protect public interest.
  • No violation of Articles 14 or 21 was found; the use of Section 16 of the Telegraph Act was deemed appropriate.
  • The writ petition is dismissed; no costs awarded.
  • JSW Renewable Energy Dolvi Three Ltd remains bound by all thirty‑six conditions, and the respondent authorities must ensure compliance, including immediate remedial action for any damage to water bodies, drainage or cart tracks.

Topics: Public Interest Litigation, Renewable Energy Infrastructure, Environmental Law