Lakshmi, v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1062 of 2013 and M.P(MD)Nos.1 & 2 of 2013 Lakshmi ... Petitioner Vs.

1.The Assistant Engineer, Distribution, Tamil Nadu Electricity Board, Kulathur, Tuticorin District.

2.The District Collector, Tuticorin.

3.The Revenue Divisional Officer, Kovilptti, Tuticorin District.

4.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records pertaining to the first respondent proceedings in f.vz;.ckpngh./tp./Fsj;J}h;./nfh.fl;L/m.vz;.631/12, dated 05.12.2012 and quash the same.

For Petitioner : Mr.N.Shankar Ganesh For Respondents : Mr.T.S.Md.Mohideen, AGP for RR 2 to 4 No appearance for R1.

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner questions the communication dated 05.12.2012 issued by the first respondent herein, whereby the petitioner's electricity connection has been permanently disconnected on the allegation that the bore well erected by the petitioner is in a Government land.

https://hcservices.ecourts.gov.in/hcservices/ 2.It is now brought to the notice of this Court that similar orders issued by the very same first respondent were challenged in

WP(MD)Nos.16478 and 16479 of 2012 and that the Division Bench of this Court, by order dated 10.04.2017 disposed of the writ petitions by directing the authorities to maintain the Status Quo, issue show cause notice to the petitioners, conduct an enquiry and pass fresh orders in accordance with law.

3.Following the said order, we set aside the communication dated 05.12.2012 impugned in this writ petition. The first respondent shall issue proper show cause notice, hold enquiry and thereafter pass orders in accordance with law. 4.The writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Assistant Engineer, Distribution, Tamil Nadu Electricity Board, Kulathur, Tuticorin District.

2.The District Collector, Tuticorin.

3.The Revenue Divisional Officer, Kovilptti, Tuticorin District.

4.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

+1cc to Mr.N.Shankar Ganesh,Advocate,SR.69570 W.P(MD)No.1062 of 2013 and M.P(MD)Nos.1 & 2 of 2013 31.07.2017 SKM/ARUL KK/JC/SAR1/10.08.2017/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/