Ali Ibunu v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.8750 & 8751 of 2025 Ali Ibunu ... Petitioner Vs 1.The Superintending Engineer, Tamilnadu Electricity Board, Pudukottai.
2.The Assistant Electrical Engineer (Distribution and Maintenance) TNPDCL, Kodikulam, Manamelgudi Taluk, Pudukkottai District.
3. The Tahsildar, Manalmelkudi, Pudukottai.
... Respondents (R3 is suo motu impleaded vide order dated 13.06.2025 in W.P.(MD) No.11846 of 2025) 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to calling for the pertaining to the impugned order passed by the second respondent in Ka.No. Oo.Mi.Po/Ee and Ka/Kodikulam/Ko.Aakiramippu/ Aa.No.115/2025 dated. 03.04.2025 and quash the same as illegal.
For petitioner : Mr.T.Leninkumar For respondents :Mr.S.Deenadhayalan Standing Counsel for R1 & R2 Mr.D.Ghandhiraj Special Government Pleader for R3 *****
ORDER
Heard the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 and 2 and learned Special Government Pleader for the third respondent.
2. The petitioner is running Aquaculture farm in his patta land and has received impugned communication from the second respondent, wherein the respondents have threatened to cut down the power connection as the petitioner has purportedly encroached upon the Government land without proper permission 2/5
from the Tahsildar. However, the petitioner has not impleaded the Tahsildar in this Writ Petition.
3. Considering the fact that there is an allegation that the petitioner may have encroached on the land of the Government, this Court is inclined to suo motu impleaded the Tahsildar, Manalmelkudi, Pudukottai as third respondent.
4. Considering the fact that the petitioner is running Aquaculture farm, the respondents 1 and 2 are directed to not to disconnect the power connection pending such proceedings. In case the petitioner has indeed encroached the Government land, the steps can be taken independently by the third respondent as may be required by them under law.
5. In case the petitioner is found to have encroached on the Government land, the petitioner shall vacate the premises, in which case liberty is also given to the respondents 1 to 2 to disconnect the power connection given to the petitioner. 3/5
6.This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 13.06.2025 Internet : Yes / No (2/4) apd To 1.The Superintending Engineer, Tamilnadu Electricity Board, Pudukottai.
2.The Assistant Electrical Engineer (Distribution and Maintenance) TNPDCL, Kodikulam, Manamelgudi Taluk, Pudukkottai District.
3. The Tahsildar, Manalmelkudi, Pudukottai.
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C.SARAVANAN, J.
apd 13.06.2025 (2/4) 5/5