N.Nataraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.11.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.29791 of 2022 and W.M.P.Nos.29183 & 29184 of 2022 1.N.Nataraj 2.N.Balasubramanian ... Petitioners Vs.
1.The District Collector Tiruppur district, Tiruppur 2.The Revenue Divisional Officer Udumalpet Taluk, Tiruppur district 3.The Thasildhar Udumalpet Taluk Tiruppur District 4.The Executive Engineer WRO, PWD, PAP Tirumurthi Division Udumalpet, Tirupur District 5.The Assistant Executive Engineer Page No.1 of 6
6.The Junior Engineer ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records from the sixth respondent in is Letter No.EmiPo/E & Pe/Poolavadi/Ko.Katu/A/No.245/22-23 dated 03.11.2022 to quash the same and issue consequential directions to the respondents to follow the procedure in similar order passed by this Court in W.P.No.12582 of 2022 dated 15.06.2022.
For Petitioner : Mr.A.K.Esakkiappan For Respondents : Mr.Naveenkumar Govt. Advocate for R1 to R4 Mr.M.Abul Kalam for R5 & R6
O R D E R
The Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records from the sixth respondent in is Letter No.EmiPo/E & Pe/Poolavadi/Ko.Katu/A/No.245/22-23 dated 03.11.2022 to quash the Page No.2 of 6
same and issue consequential directions to the respondents to follow the procedure in similar order passed by this Court in W.P.No.12582 of 2022 dated 15.06.2022.
2.The writ petitioner has challenged the impugned order, disconnecting electricity connection in the petitioner's land. It is the case of the writ petitioner that he is drawing water from his own land and there is no violation of the order of this Court. This has in W.P.No.10545 of 2015 dated 06.01.2022 has passed an order without giving any opportunity to the petitioner and without noticing any defects or violation. According to the learned counsel for the petitioner, in similar cases interim orders have been granted by this Court and seeks interim order in this case also.
3.Whereas, the learned counsel for the respondents submitted that the petitioner has violated the directions of this Court and drawing water from the canal illegally, thereby, on the basis of the inspection, impugned order has been passed.
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4.This Court perused the impugned order. The impugned order has been passed as if the petitioner has illegally drawing the water from the canal and utilizing the same. However, in the impugned order there is no reference with regard to the opportunity that was granted to the petitioner while passing the impugned order.
5.Learned counsel for the petitioner would submit that the respondents may conduct inspection in his presence and he may be afforded fair opportunity before passing any orders in this regard. 6.Such view of the matter, as the impugned order has been passed without granting any opportunity to the petitioner, the same is set aside and the respondent shall conduct a fresh inspection after giving due notice and opportunity to the petitioner. If they find any violation or illegal drawing of water from the canal, the respondents are at liberty to pass such order.
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7.With the above direction, the Writ Petition stands allowed. The impugned order passed by the 6th respondent in his Letter No.EmiPo/E & Pe/Poolavadi/Ko.Katu/A/No.245/22-23 dated 03.11.2022 is hereby set aside and a fresh inspection will be conducted within a period of three
(3) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.
10.11.2022 (2/3) kas To 1.The District Collector Tiruppur district, Tiruppur 2.The Revenue Divisional Officer Udumalpet Taluk, Tiruppur district 3.The Thasildhar Udumalpet Taluk Tiruppur District 4.The Executive Engineer WRO, PWD, PAP Tirumurthi Division Udumalpet, Tirupur District Page No.5 of 6
N.SATHISH KUMAR, J.
kas 5.The Assistant Executive Engineer 6.The Junior Engineer 10.11.2022 (2/3) Page No.6 of 6