M.P.Devi v. The Assistant Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.16086 of 2025 M.P.Devi ... Petitioner -vs1.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 the order passed by the first respondent in impugned Ka.No.Vu.Mi.Po / E and Ka / Kodikulam / Ko.Aakramipu / A.No.197/2025 dated 03.07.2025 and quash the same as illegal. For Petitioner : Mr.V.Manikandan For R1 : Mr.S.Deenadhayalan Standing Counsel
For R2 : Mr.D.Ghandiraj Special Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the impugned order of the first respondent, dated 03.07.2025.
2. A similar batch of Writ Petitions viz., W.P.(MD)No.11890 of 2025 etc. batch [Karthick and others vs. The Superintending Engineer, Tamil Nadu Electricity Board, Pudukottai and others] came up for hearing before this Court on 13.06.2025 and this Court disposed of the same with the following observations:- ''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.''
3. The aforesaid order has also been followed in W.P.(MD)No.19717 of 2025, dated 18.07.2025 [Abdul Kapoor vs. The Assistant Engineer, TANGEDCO (Operation and Maintenance), Kodikulam, Manmelkudi Taluk, Pudukottai District and another].
4. It is informed by the learned Standing Counsel for the first respondent and the learned Special Government Pleader for the second respondent that the facts are identical to the facts of the cases in the aforementioned writ petitions.
5. Under these circumstances, the Writ Petition stands allowed in terms of the order dated 13.06.2025 in W.P.(MD)No.11890 of 2025 etc. bacth and the order dated 18.07.2025 in W.P.(MD)No.19717 of 2025. No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : Yes / No 30.07.2025 Index : Yes / No smn2 To:- 1.The Assistant Engineer, TANGEDCO (Operation and Maintenance), Kodikulam, Manamelkudi Taluk, Pudukkottai District.
2.The Tahsildar, Avudaiyarkoil Taluk, Pudukkottai District.
C.SARAVANAN , J.
smn2 W .P.(MD)No.20782 of 2025 30.07.2025