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Madras High CourtWP(MD)/10355/2015disposed of

Sangilimuthu, Secretary v. The Superintending Engineer

2022-11-29Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Sangilimuthu ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Karur, Karur District.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kulithalai, Karur District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Thogaimalai.

4.The President, Porunthalur Village Panchayat, Kulithalai Taluk, Karur District.

5.Thangaraju ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, restraining the respondents 1 to 3 from providing any electricity service connection in survey Nos.228/2, 243 and 242/15 of Porunthalur Village, Kulithalai Taluk, Karur District as the above survey numbers are classified as Kulam poramboke and vari as per the representations of the petitioner dated 07.03.2015 and 07.05.2015.

For Petitioner : Mr.T.M.Madasamy For R1 - R3 : Mr.S.Deenadhayalan Standing Counsel For R4 : Mr.A.Baskaran Additional Government Pleader For R5 : No Appearance

ORDER

The present writ petition has been filed seeking for a writ of Mandamus, restraining the Electricity Board from providing electricity service connection to Survey Nos.228/2, 243 and 242/15 of Porunthalur Village, Kulithalai Taluk, Karur District.

2. According to the learned counsel for the petitioner, all the above said survey numbers are classified as Kulam Poramboke and no service 2/5

connection can be effected to any encroacher in the said Kulam Poramboke.

3. However, the learned standing counsel for the Electricity Board is not in a position to verify whether the said survey numbers are classified as Kulam Poramboke or not.

4. In view of the above said facts, the respondents 1 to 3 are directed to verify with regard to the correct classification of the above said survey numbers before effecting any service connection. In case, if they find that these survey numbers are falling under the classification of water body, they shall not effect any service connection.

5. With the above said observations, this Writ Petition stands disposed of. No costs.

29.11.2022 Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Karur, Karur District.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kulithalai, Karur District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Thogaimalai.

4.The President, Porunthalur Village Panchayat, Kulithalai Taluk, Karur District.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

29.11.2022 5/5