Senthil Kumar v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Senthil Kumar ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Thiruaiyaru, Thanjavur District.

2.The Assistant Engineer, TNEB/TANGEDCO, Thirukattupalli, Thanjavur District.

3.The Assistant Engineer, Water Resource Department, Public Works Department, Thirukattupalli, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents, particularly, the second respondent to give an electricity connection to the petitioner's village temple of Sri Maha Mariamman, situated in Survey No.149B, 129 of our village of Sathanur, Thiruvaiyaru Taluk Thanjavur District.

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For Petitioners : Mr.R.Murugappan For Respondents : Mr.A.Kannan (for R1 & R3) Additional Government Pleader Mr.S.Deenadhayalan (for R2) Standing Counsel

ORDER

This writ petition has been filed seeking for a writ of mandamus directing the respondents, particularly, the second respondent, to give an electricity connection to the petitioner's village temple of Sri Maha Mariamman, situated in Survey No.149B, 129 of our village of Sathanur, Thiruvaiyaru Taluk Thanjavur District.

2.Heard both sides. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner's villagers constructed and maintained a temple called "Sri Maha Mariamman Temple". The petitioner has given a representation to the second respondent for granting electricity connection to the said temple. However, the same has not been effected so far. Hence, the petitioner is before this Court. Page No.2/4

4.The learned Government Pleader, on instructions, would submit that the land, under which the temple was constructed, is classified as 'water body'.

5.The learned counsel for the petitioner placed photograph showing that the temple is not under the water body and also, he submitted that though the land has been classified as water body, in and around several building have already been put up. 6.In view of the above, the second respondent is directed to consider the application of the petitioner and effect electricity connection in the name of the temple. It is for the first respondent to take appropriate action to remove the encroachment. 7.With the above direction, this Writ Petition is disposed of. No costs.

18.10.2024 Index :

Yes / No NCC : Yes / No Rmk Page No.3/4

N.SATHISH KUMAR , J.

Rmk To 1.The Tahsildar, Taluk Office, Thiruaiyaru, Thanjavur District.

2.The Assistant Engineer, Water Resource Department, Public Works Department, Thirukattupalli, Thanjavur District.

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