Madras High CourtWP(MD)/7344/2025disposed of

Adaikkan v. Ms. The Tamil Nadu Real Estate Regulatory Authority (Tnrera)

2025-03-19Honourable Mr.Justice Vivek Kumar Singh9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Adaikkan ... Petitioner -vs1.Ms. Tamil Nadu Real Estate Regulatory Authority (TNRERA), Represented by its Principal Secretary to the Government, No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.

2.The Director, Town and Country Planning Department, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai - 600 107.

3.The District Collector / Inspector of Panchayat, Pudukkottai District, Pudukkottai.

4.The District Revenue Officer, Pudukkottai District, Pudukkottai.

5.The District Registrar, District Registration Office, Karaikudi Registration District, Trichy Bye-Pass Road, Karaikudi, Sivagangai District.

6.The Superintendent of Police, Thirumayam Road, Pudukkottai, Pudukkottai District - 622 001.

7.The Assistant Director of Panchayat, Pudukkottai District, Pudukkottai.

8.The Revenue Court (Sub-Collector), Trichy.

9.The Revenue Divisional Officer, Illuppur, Pudukottai District - 622 102.

10.The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District - 622 407.

11.The Block Development Officer (Panchayat), Ponnamaravathy Block, Pudukkottai District - 622 407.

12.The Sub-Registrar, Sub-Registrar Office, Ponnamaravathy Taluk, Pudukkottai District - 622 407.

13.The Inspector of Police, Ponnamaravathy Police Station, Ponnamaravathy, Pudukkottai District.

14.The Assistant Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, Ponnamaravathy Town, Ponnamaravathy, Pudukkottai District.

15.The Executive Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, Ponnamaravathy Town, Ponnamaravathy, Pudukkottai District.

16.The Panchayat President, Thoothur Village Panchayat, Ponnamaravathy Taluk, Pudukkottai District.

17.Rajasundaram 18.Muthupalaniappan 19.Subramaniam @ Subramanian 20.Sivakumar 21.Shasudeen ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 14th respondent / the Assistant Engineer, TNEB, Ponnamaravathy in Ka.No.U.Me.Po/E & Ka/Nagar/Po.Vathy/Ko:M.E/A.No. 214/24, dated 20.11.2024 and the consequential order vide Ka.No.U.Me.Po/E & Ka / Nagar / Po.vathy / Ko:M.E/A.No.230/24, dated 06.12.2024 and quash the same as illegal and violation of Section 16(A) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 (10 of 1969) and Section 23 of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (40 of 1971) and consequently, direct the respondents 14 and 15 to restore the

electricity connection No.189-017-1067, in the name of the petitioner for his house in Door No.380/A, Rajiv Nagar, Ward No.6, Thoothour Village, Ponnamaravathy Taluk, within the stipulated time fixed by this Court. For Petitioner : Mr.R.Rajaraman For R1 : Mr.R.Satheesh Standing Counsel For R2 to R5, R7 to R12 and R16 : Mr.C.Venkateshkumar Special Government Pleader For R6 and R13 : Mr.K.Gnanasekaran Government Advocate (Crl. side) For R14 and R15 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition has been filed seeking to quash the impugned orders of the 14th respondent / the Assistant Engineer, TNEB, Ponnamaravathy, dated 20.11.2024 and 06.12.2024 and a consequential direction to the respondents 14 and 15 to restore the electricity connection No.189-017-1067, in the name of the petitioner for his house in Door No.380/A, Rajiv Nagar, Ward No.6, Thoothour Village, Ponnamaravathy Taluk.

2. Today, when the matter was taken up for hearing, the learned Standing Counsel appearing for the respondents 14 and 15 submitted that, based on the objection received from the petitioner in regard to the transfer of electricity service connection No.189-017-1067 to any other private parties, the 14th respondent had directed the petitioner to submit all the relevant documents. However, the petitioner has not submitted any documents so far. If the petitioner submits the relevant documents, they will be considered and appropriate orders will be passed, within a time frame to be fixed by this Court.

3. At this juncture, the learned counsel appearing for the petitioner submits that the petitioner had already provided an explanation to the 14th respondent, dated 11.12.2024.

4. Considering the above said submissions, there shall be a direction to the respondents 14 and 15 herein to consider the petitioner's case, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the respondents 17 to 21, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not

expressed any of its views with regard to the merits of the matter and that it is open to the respondents 14 and 15 to consider the same on its own merits.

5. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 19.03.2025 Index : Yes / No smn2 To:- 1.The Principal Secretary to the Government, Tamil Nadu Real Estate Regulatory Authority (TNRERA), No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.