G.Srinivasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2018
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.9053 of 2015 and M.P. No.1 of 2015 Mr.G.Srinivasan ... Petitioner Vs 1.The District Collector, Sathuvachari, 2.The Tasildar, Kadpadi Taluk Office, 3.The Assistant Director of Panchayat, Collectorate, Sathuvacheri, Vellore.
4.The Block Development Officer, K.V.Kuppam Panchayat Union Office, K.V.Kuppam, Kadpadi Taluk, 5.The Superintendent of Police, Vellore District, Vellore.
6.The Deputy Superintendent of Police, Gudiatham, Vellore District.
7.The Inspector of Police, K.V.Kuppam Police Station, 8.The Executive Engineer, Operation and Maintenance, TNEB, Kadpadi, Vellore District.
9.The Superintending Engineer, Operation and Maintenance, Vellore Electricity Distribution Circle, T.N.E.B, K.V.Kuppam, Vellore District.
10.The Junior Engineer, Operation and Maintenance, Vellore Electricity Distribution Circle, T.N.E.B, K.V. Kuppam,
11.The President, Melmoil Village Panchayat, Melmoil Village and Post, Kadpadi Taluk, 12.Mr.Sekar ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 8 to 10 to immediately disconnect the three phase Electricity service connection bearing No.204-015-1727 provided in the name of 11th respondent in the petitioner's patta land bearing patta No.1090 and Melmail Village Survey No.302/2, K.V.Kuppam Village, Katpadi Taluk, Vellore District and consequently direct the respondents 1 to 7, 11 and 12 to immediately remove the submersible motor along with all accessories, pipe lines from petitioner land and destroy the Bore Well illegally dug by the 11th respondent.
For Petitioner :Mr.V.Jaisankar For Respondents 3 and 11 : Mr.V.Jayaprakash Narayanan Special Government Pleader For Respondent 4 : Mr.D.Suryanarayanan, Additional Government Pleader For Respondents 8 to 10 : Mr M.Varunkumar, Standing Counsel For Respondent 12 : No Appearance.
O R D E R
This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 8 to 10 to immediately disconnect the Three Phase Electricity Service Connection bearing No.204-015-1727 provided in the name of 11th respondent in the petitioner's patta land bearing patta No.1090 and Melmail Village Survey No.302/2, K.V.Kuppam Village, Katpadi Taluk, Vellore District and consequently, directing the respondents 1 to 7, 11 and 12 to immediately remove the submersible motor along with all accessories, pipe lines from petitioner land and destroy the Bore Well illegally dug by the 11th respondent. 2.
When the matter was taken up for hearing today, the learned Additional Government Pleader appearing for the 4th respondent submitted that the petitioner has already given up the respondents 1, 2, 5, 6 and 7 as they are unnecessary parties.
3.
On behalf of the respondents 3 and 11, the learned Special Government Pleader submitted that since they have wrongly dug up a bore well in the land belonging to the petitioner and after conducting proper enquiry, they realised the mistake and they are now prepared to remove Bore Well and other Electrical Appliances.
4.The learned counsel appearing for the Electricity Department/respondents 8 to 10 also submitted that in view of the undertaking given by the Special Government Pleader appearing for the respondents 3 and 11, they will also disconnect the Electric Service Connection.
5.
Recording the above said submissions, this Writ Petition is disposed of. A week's time is granted for disconnecting the Three Phase Electricity Service Connection and to remove the Electric Motors, Bore Well and other Electrical Appliances. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rkp/ tsi To 1.The District Collector, Sathuvachari, 2.The Tasildar, Kadpadi Taluk Office, 3.The Assistant Director of Panchayat, Collectorate, Sathuvacheri, Vellore.
4.The Block Development Officer, K.V.Kuppan Panchayat Union Office, K.V.Kuppam, Kadpadi Taluk,
5.The Superintendent of Police, Vellore District, Vellore.
6.The Deputy Superintendent of Police, Gudiatham, Vellore District.
7.The Inspector of Police, K.V.Kuppam Police Station, 8.The Executive Engineer, Operation and Maintenance, TNEB, Kadpadi, Vellore District.
9.The Superintending Engineer, Operation and Maintenance, Vellore Electricity Distribution Circle, T.N.E.B, K.V.Kuppam, Vellore District.
10.The Junior Engineer, Operation and Maintenance, Vellore Electricity Distribution Circle, T.N.E.B, K.V. Kuppam, 11.The President, Melmoil Village Panchayat, Melmoil Village and Post, Kadpadi taluk, +1cc to Mr M.Varunkumar, Advocate sr.no.38531 +1cc to Mr.V.Jaisankar, Advocate sr.no.38062 +1cc to Government Pleader in sr.no.38090 W.P.No.9053 of 2015 and M.P. No.1 of 2015 nr 28/06/2018