P.Kuzhandai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2025
CORAM
THE HON'BLE MRS.JUSTICE N.MALA W.P.No.17381 of 2025 and W.M.P.No.19707 of 2025 P.Kuzhandai ... Petitioner -vs1.
The District Collector, Krishnagiri District Collector Office, Krishnagiri.
2.
The Tahsildar, Burgur Taluk, Krishnagiri District.
3.
The Assistant Executive Engineer, TANGEDCO, Thirupattur Electricity Distribution Circle, Thirupattur.
4.
The Assistant Executive Engineer, TANGEDCO, Burgur Electricity Distribution Circle, Kalthipady, Krishnagiri District.
... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to restore the electricity supply to the petitioner's house in then Service Connection Number Electricity Service Connection No. 406-007-121 now assigned 1/6
Service Connection No.405-007-115 stands in the name of the petitioner for the Door No.2/155, Kothalakuttai, Battalapalli Village and Post, Krishnagiri Taluk & District - 635 104 during pendency of th statutory appeal before the first respondent.
For Petitioner : Mr.S.Vijayakumar For R1 & R2 : Mr.Mohamed Sathik Govt. Advocate For R3 & R4 : Mr.Madhusudhan Reddy *****
O R D E R
This Writ Petition is filed for issuance of a Writ of Mandamus, directing the 4th respondent to restore the electricity supply to the petitioner's house at Door No.2/155, Kothalakuttai, Battalapalli Village and Post, Krishnagiri Taluk & District, pending the statutory appeal before the first respondent.
2. The petitioner and his family members are in possession and enjoyment of the subject property in S.No.980 to the extent of 1 acre 22 cents of land, situated at Kothalakuttai Battlapalli Village, Burgur Taluk, 2/6
Krishnagiri District, for more than four generations. The house at Door No.2/155 is situated in the said property. While so, the Revenue Inspector of the said Taluk served a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 04.09.2019. In pursuance thereof, the petitioner also appeared for enquiry with all documents and after verification of the petitioner's documents and confirmation of the petitioner's possession, the proceedings were dropped. After a period of four years, the Revenue Inspector, once again issued a notice under Section 7 of the Act, 1905 on 16.08.2023, for eviction of the petitioner from the subject property. The petitioner appeared for enquiry and submitted all documents. Thereafter, the 2nd respondent served a notice under Section 6 of the Act, 1905 on 26.09.2023, and even to the said notice, the petitioner submitted all documents.
3. While so, on 21.03.2025, the Officials of the 4th respondent Electricity Board disconnected the electricity supply of the petitioner's premises, without giving any prior notice, under the instructions of the 2nd respondent. The petitioner already filed a Statutory Appeal along with stay 3/6
application before the 1st respondent, challenging the eviction notice and also a petition for direction to restore the electricity supply. As no decision was taken on the petition, the petitioner filed the present Writ Petition.
4. Admittedly, the petitioner's appeal against the impugned order of the 2nd respondent is pending before the 1st respondent. On the instructions of the 2nd respondent, the 4th respondent disconnected the electricity supply of the petitioner's premises. The petitioner and his family members are residing in the said premises and therefore, disconnection of the electricity during peak summer would cause much hardship to the petitioner. It is seen that the petitioner is aged about 66 years and therefore, I am inclined to issue a direction to the 4th respondent to restore the electricity connection to the petitioner's premises.
5. Accordingly, this Writ Petition is allowed and the 4th respondent is directed to restore the electricity connection to the petitioner's premises situated at Door No.2/155, Kothalakuttai, Battalapalli Village and 4/6
Post, Krishnagiri Taluk & District within a period of one week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions is closed.
08.05.2025 Index: Yes/No Internet: Yes/No msv/ar To:
1.
The District Collector, Krishnagiri District Collector Office, Krishnagiri.
2.
The Tahsildar, Burgur Taluk, Krishnagiri District.
3.
The Assistant Executive Engineer, TANGEDCO, Thirupattur Electricity Distribution Circle, Thirupattur.
4.
The Assistant Executive Engineer, TANGEDCO, Burgur Electricity Distribution Circle, Kalthipady, Krishnagiri District.
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N.MALA,J., msv/ar 08.05.2025 6/6