Abdul Kapoor v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD).No.15176 of 2025 Abdul Kapoor ... Petitioner Vs.

1.The Assistant Engineer, TANGEDCO (Operation and Maintenance), Kodikulam, Manamelkudi Taluk, Pudukkottai District.

2.The Tahsildar, Avudaiyarkoil Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent in Oo.Mi.Po/E&Ka/Kodikulam/Ko. Aakramipu/A.No.200/2025 dated 03.07.2025 and quash the same as illegal. For Petitioner : Mr.R.Prasanna For R-1 : Mr.S.Deenadhayalan Standing Counsel For R-2 : Mr.D.Ghandiraj Special Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. This Writ Petition has been filed challenging the impugned order passed by the first respondent in Oo.Mi.Po/E&Ka/Kodikulam/Ko. Aakramipu/A.No.200/2025 dated 03.07.2025.

3. Already, a common order has been passed in a batch of Writ Petitions on 13.06.2025 in the case of Karthick and others Vs. the Superintending Engineer, Tamil Nadu Electricity Board, Pudukottai and others in W.P. (MD).Nos.11890 of 2025 etc., batch. The operative portion of the order reads as under:

"6. I have considered the argument advanced by the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 and 2 and learned Special Government Pleader for the third respondent.

7. It is noticed that the dispute, as to whether the respective petitioner has encroached the Government land or not, has not been dealt. It has to be dealt with separately.

8. In case there are encroachments, it is open for the third respondent to take steps to retrieve the land from the respective petitioners and, as a sequence, the electricity connections given to the respective petitioner can be disconnected.

9. There are no documents to substantiate that the respective petitioner have encroached on the land belonging to the Government. Therefore, there shall be a positive direction to the respondents 1 and 2 to not to disconnect the power connection of the respective petitioner. However, this would not mean that the respondents 1 and 2 cannot disconnect the electricity connection, if the third respondent proceeds against the respective petitioner for alleged encroachments."

4. This Writ Petition stands allowed in the above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Assistant Engineer, TANGEDCO (Operation and Maintenance), Kodikulam, Manamelkudi Taluk, Pudukkottai District.

2.The Tahsildar, Avudaiyarkoil Taluk, Pudukkottai District.

C.SARAVANAN,J.

Lm 18.07.2025