Annamalaisamy v. The Divisional Engineer (Highways)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and WMP(MD)No.458 of 2022 Annamalaisamy President, Nadar Uravinmurai Committee ... Petitioner Vs.

1.The Divisional Engineer (Highways), Tenkasi, Tenkasi District.

2.The Assistant Divisional Engineer, Highways (Construction and Maintenance), Sivagiri, Tenkasi District.

3.The Assistant Engineer, Highways (Construction and Maintenance), Sivagiri, Tenkasi District.

4.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

5.Kandasamy.

6. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144 Anna Salai, Chennai 600 002 ... Respondents *(R6 impleaded suomotu vide order of this Court dated 12.01.2022) 1/4

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned orders, dated 04.01.2022 made in Na.Ka.No.132/2021/A1 passed by the 2nd respondent and quash the same.

For Petitioner : Mr.V.Sasikumar For Respondents : Mr.P.Thilakkumar (For R1 to R4) Government Pleader

O R D E R

S.VAIDYANATHAN, J.

and DR.G.JAYACHANDRAN, J.

The petitioner has come forward challenging the impugned order of the 2nd respondent, dated 04.01.2022.

2. Mr.P.Thilakkumar, the learned Government Pleader appearing for the respondents 1 to 4 would submit that there is an encroachment in the National Highways and hence, the impugned order has been passed.

3. The petitioner, in reply, would submit that he purchased the land and the property belonged to him and without conducting any enquiry, it cannot be removed.

4. This Court makes it clear that if any encroachment is found to be made by anyone, the electricity service connection with respect to those violators, shall be disconnected in the light of the Judgment of the Division Bench of this Court in "P.Selvarajan vs. The Commissioner of Municipal Administration, Chennai and others" (W.P.No. 21639 of 2017) decided on 13.02.2018, wherein the Division Bench has observed as follows, in consonance with the order of the Supreme Court dated 05.01.2018, passed in Special Leave to Appeal (C) No. 33863 of 2017:

"3. Learned counsel appearing for the fourth respondent submitted that the fourth respondent has made an application for regularisation and that during the pendency of the proceedings, this Court, by order dated 11.09.2017, directed disconnection of electricity in respect of basement, second and third floors of the fourth respondent's premises, against which, the matter 2/4

was taken up to the Supreme Court. The Supreme Court, in Petition for Special Leave to Appeal (C).No.26509 of 2017, by order dated 13.10.2017, did not interfere with the said order of this Court dated 11.09.2017, and permitted the fourth respondent herein to move the High Court. During the pendency of this Writ Petition, the fourth respondent herein has filed W.M.P.No.30495 of 2017 seeking direction to the TANGEDCO to restore the electricity connection to the building of the fourth respondent. This Court, by order dated 07.11.2017, rejected the restoration of electricity supply. Thereafter, once again the matter was taken up to the Supreme Court by the fourth respondent, and the Supreme Court, by order dated 05.01.2018 in Petition for Special Leave to Appeal (C) No.33863 of 2017, has dismissed the Special Leave Petition, by observing as follows: "Heard learned counsel for the petitioner and perused the impugned order dated 07.11.2017 passed in WMP.No.30495/2017 passed by the Madras High Court.

We are not inclined to interfere in the impugned order and accordingly, the Special Leave Petition is dismissed.

However, we direct the authority concerned before whom the application for regularisation under the DTCP Building Regularisation Scheme 2017 is pending to decide the matter in accordance with law within two months."

5. The official respondents are entitled to remove the encroachment after affording an opportunity to the parties to avoid facing departmental proceedings for not discharging their duties and an adverse entry in the Service Record. Till the encroachment are removed and disconnection of electricity, it is open to the Electricity Board to charge five times for the consumption of units of Electricity at commercial rate from the violators / encroachers.

6. This Court suo motu impleads the Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144 Anna Salai, Chennai 600 002, as 6th respondent, who is expected to inform the concerned jurisdictional Assistant Engineer to comply with the directions that may be imposed by this Court. The Electricity Board shall make periodical visit to the violated place to ascertain theft of electricity.

3/4

7. In fine, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To 1.The Divisional Engineer (Highways), Tenkasi, Tenkasi District.

2.The Assistant Divisional Engineer, Highways (Construction and Maintenance), Sivagiri, Tenkasi District.

3.The Assistant Engineer, Highways (Construction and Maintenance), Sivagiri, Tenkasi District.

4.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

5.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144 Anna Salai, Chennai 600 002 +1 CC to M/s.SPL.GP ( SR-1692[F] dated 19/01/2022 ) ORDER MADE IN 12.01.2022 SK(CO) GC(09.02.2022) 4P 7C 4/4