Shanmugavel v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP.(MD).No.18784 of 2023 and WMP(MD) No.15607 of 2023 Shanmugavel ... Petitioner Vs 1.The Superintending Engineer, TANGEDCO, Dindigul.

2.The Executive Engineer, TANGEDCO, Palani, Dindigul District.

3.The Assistant Electric Engineer, TANGEDCO, Swaminathapuram @ Pushpathur, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents particularly the third respondent from disconnecting the electricity service connection in S.C.Nos.64 & 24 in the Well situated 1/5

at Survey No.19 at North Sangaramanallur Village, Madathukulam Taluk, Tiruppur District based on the representation dated 25.07.2023. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.S.Deenadayalan Standing Counsel

O R D E R

The petitioner with an apprehension that the TANGEDCO is attempting to disconnect the agricultural electricity service connection given to the petitioner has filed this writ petition. 2.Mr.S.Deenadayalan, learned Standing Counsel who takes notice for the respondents on instructions submits that a complaint has been received from the Water Resources Department that the petitioner is extracting water from River Amaravathi by using his agricultural service connection without any valid permission, based on which, the respondent Board has conducted an inspection on 19.07.2023 and they have not taken any decision so far.

2/5

3.Recording the submission made by the learned Standing Counsel, this Court is inclined to dispose of this writ petition with the following directions:- i. The petitioner is directed to submit an undertaking affidavit before the third respondent that he will not use the free agricultural service connection for extracting water from River Amaravathi and not for any other purpose other than agriculture within a period of two weeks from the date of receipt of a copy of this order.

ii. Till such time, the respondent Board shall not take any coercive steps as against this petitioner.

4.With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 03.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes vrn 3/5

To 1.The Superintending Engineer, TANGEDCO, Dindigul.

2.The Executive Engineer, TANGEDCO, Palani, Dindigul District.

3.The Assistant Electric Engineer, TANGEDCO, Swaminathapuram @ Pushpathur, Dindigul District.

4/5

B.PUGALENDHI, J.

vrn Order made in WP.(MD).No.18784 of 2023 and WMP(MD) No.15607 of 2023 03.08.2023 5/5