T.Jayaseelan v. The Executive Engineer (Operation And Maintenance)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.7886 of 2025 T.Jayaseelan : Petitioner Vs.

1. The Executive Engineer (Operation and Maintenance), Tamil Nadu Power Distribution Corporation Ltd., Agraharam, Aranthangi, Pudukkottai District.

2. The Assistant Executive Engineer, Operation and Maintenance - Rural, Aranthangi, Pudukkottai District.

3. The Assistant Engineer, Operation and Maintenance - Rural, Kodikkulam, Aranthangi, Pudukkottai District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records pertaining to the impugned order passed by the 3rd respondent bearing Letter No. 1/6

UMiPo/E&Ka/Kodikulam/Ko.Akramippu/A.No.107/2025 dated 01.04.2025 and quash the same.

For Petitioner : Mr.K.Porkodi For Respondents : Mr.S.Deenadhayalan

ORDER

The present writ petition has been filed challenging the impugned order passed by the third respondent dated 01.04.2025.

2. Heard, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. By consent of both parties and also considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner has been running a shop in S.No.63/1, situated at Nattanipurasakudi, Mimisal Post, Aavudaiyyar Kovil Taluk, Pudukkottai District and obtained electricity service connection for the same. While being so, the Revenue Inspector, Aavudaiyyar Kovil Taluk, Pudukkottai District had issued show cause notice dated 21.01.2025 for removal of 2/6

encroachment. The petitioner has challenged the same before this Court in WP(MD)No.3657 of 2025, wherein this Court directed the petitioner to give reply to the impugned notice and also directed the revenue official to consider the same. Again a show cause notice dated 05.03.2025 was issued, which was also challenged before this Court in WP(MD)No.7586 of 2025, wherein, this Court directed the petitioner to appear before the revenue official on 24.03.2025 and also directed the official to conduct an enquiry and pass orders. Pursuant to the order of this Court, the petitioner appeared before the revenue officials on 24.03.2025 and gave his explanation. However, no orders have been passed till date. The petitioner has also made an application for grant of patta, which is also pending before the revenue officials. However, the impugned order came to be passed for disconnection of electricity service. Challenging the same, this writ petition has been filed.

4. When the matter is taken up for hearing, the learned counsel appearing for the respondents, submits that proper course for the petitioner is to approach the concerned Tahsildar for the relief sought by him.

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5. Considering the facts and circumstances of this case and also considering the submission made by the learned counsel appearing for the respondents, the remedy available to the petitioner is to approach the Tahsildar, Aavudaiyyar Kovil Taluk, Pudukkottai District. Liberty is given to the petitioner to make a representation before the Tahsildar, Aavudaiyyar Kovil Taluk, Pudukkottai District. If the petitioner makes a representation to the Tahsildar, Aavudaiyyar Kovil Taluk, Pudukkottai District, within a period of one month from today, the Tahsildar, Aavudaiyyar Kovil Taluk, Pudukkottai District, shall pass orders on merits and in accordance with law, within a period of one month thereafter.

6. With the above directions, this writ petition is disposed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

21.04.2025 Index : Yes / No (1/3) NCC : Yes / No Sm 4/6

Copy To:-

1. The Tahsildar, Aavudaiyyar Kovil Taluk, Pudukkottai District.

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VIVEK KUMAR SINGH, J.

Sm W.P.(MD) No.10561 of 2025 (1/3) 21.04.2025 6/6