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Madras High CourtWP/8482/2024disposed of with direction

A.Senthilkumar v. The District Collector

2025-11-06Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI A.Senthilkumar, Son of P.Arumugam, Aaya Gounder Thottam, Mylapuram, Nallagoundanur Post, Madathukulam Taluk, Tiruppur District.

Petitioner(s) Vs 1.The District Collector, Tiruppur, Tiruppur District.

2.The Executive Engineer, PWD/WRD, Amaravathi Basin Division, Dharapuram, Tiruppur District.

3.The Assistant Executive Engineer, PWD/WRD, Amaravathi Basin Division - III, Komaralingam, Tirupur District.

4.The Assistant Engineer, PWD/WRD, Amaravathi Basin Division, Komaralingam, Tirupur District.

5.The Executive Engineer, TANGEDCO, Palani, Dindigul District.

6.The Assistant Executive Engineer, TANGEDCO, Swaminathapuram @ Palani, Dindigul District.

7.Krishnaswamy, Son of Palanivel Gounder.

8.Kandasamy Son of Palanivel Gounder.

9.Shanmugavel, Son of Palanivel Gounder.

Respondent(s) PRAYER:

This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondent No.5 and 6 to implement the order dated 12.01.2024 vide proceedings in Letter No.Uu.Poo/Ko.Mudalvar Mukavari/13 M/2024 on the file of 2nd Respondent in regard to disconnection of free agricultural electricity service connection granted in favour of Respondent No.7 to 9 bearing No.0529200324 and 0529200364.

For Petitioner(s):

Mr.K.Myilsamy For Respondent(s):

Mr.T.M.Rajangam, Government Advocate for RR1 to 4 Mr.S.Madhusudhanan, Standing Counsel, TANGEDCO for R5 & R6

ORDER

This Writ Petition is filed seeking for a direction to the respondent No.5 and 6 to implement the order dated 12.01.2024 vide proceedings in Letter No.Uu.Poo/Ko.Mudalvar Mukavari/13 M/2024 on the file of 2nd Respondent in

regard to disconnection of free agricultural electricity service connection granted in favour of Respondent No.7 to 9 bearing No.0529200324 and 0529200364.

2.The case of the petitioner is that the petitioner is the absolute owner of an agricultural land measuring to an extent 1.57 acres and cents, comprised in Survey No.287/1B, 287/2A2, situated at North Sankaramanallur Village, Madathukulam Taluk, Tiruppur District. The petitioner is a tail-end farmer and receives canal water from the Amaravathi river. The Respondents 7 to 9 are the adjacent land owners to the petitioner. The respondent No.5 and 6 had granted two free agricultural electricity service connections bearing No.0529200324 and 0529200364 to their well comprised in Sy.No.19. Their agricultural land is within 200 meters from Amaravathi River.

Further, the respondents 7 to 9 using the free agricultural electricity service connection have started to extract water from the Amaravathi River illegally and they are in the business of selling Amaravathi water for commercial purposes. Due to the said activity of the respondents 7 to 9, the petitioner is unable to receive water from the canal. 3.The petitioner therefore, made a representation before the official respondents seeking to take appropriate action against the respondents 7 to 9. Thereafter, an enquiry was conducted and it was found that the respondents 5 and 6 are illegally extracting water from the river.

respondent directed the respondent nos.5 and 6 to disconnect the electricity service connection provided to the respondents 7 to 9. However, thereafter, the ninth respondent has executed an affidavit that he will not extract water from the Amaravathi river. However, in violation of his own affidavit the 9th respondent has started to extract water from the Amaravathi river. Pursuant to which, the petitioner once again gave a representation to the second respondent to take appropriate action against the respondents 7 to 9. As a response, the second respondent conducted an inspection and found that the respondents 7 to 9 are illegally drawing water from the Amaravathi River and vide order dated 12.01.2024 passed an order to disconnect the electricity service connection provided to the respondents 7 to 9 and directed the respondents 5 and 6 to execute the same. However, the electricity service connection provided to the respondents 7 to 9 is yet to be disconnected. Hence, the petitioner has filed the present writ petition with the above said prayer.

4. The learned counsel for the petitioner would submit that a direction be issued to the respondents 5 and 6 to implement the order of the second respondent dated 12.01.2024.

5.Heard the learned counsel on either side and perused the materials available on record.

6.In view of the facts and circumstance of the case, the respondents 5 and 6 are now directed to implement the order dated 12.01.2024 after providing an opportunity of hearing to the petitioner and the respondents 7 to 9, within a period of four (4) weeks from the date of receipt of a copy of this order. 7.The Writ Petition is disposed of accordingly. No costs. 06-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector, Tiruppur, Tiruppur District.

‍ 2.The Executive Engineer, PWD/WRD, Amaravathi Basin Division, Dharapuram, Tiruppur District.

‍ 3.The Assistant Executive Engineer, PWD/WRD, Amaravathi Basin Division - III, Komaralingam, Tirupur District.

‍ 4.The Assistant Engineer, PWD/WRD, Amaravathi Basin Division, Komaralingam, Tirupur District.

5.The Executive Engineer, TANGEDCO, Palani, Dindigul District.

6.The Assistant Executive Engineer, TANGEDCO, Swaminathapuram @ Palani, Dindigul District.

M.DHANDAPANI J.

Tsg 06-11-2025