Madras High Court
Arasu Prabhakaran @ ... vs Arulmigu Sivaloganathar Temple on 19 February, 2021
W.A(MD)No.1093 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.A(MD)No.1093 of 2020
and
C.M.P(MD)No.5935 of 2020
Arasu Prabhakaran @ Rajaprabhakar ... Appellant /Petitioner
Vs.
1.Arulmigu Sivaloganathar Temple,
Siruganur, through its
Executive Officer,
Manachanallur, Trichy.
2.The Assistant Engineer (Distribution),
TANGEDCO,
Siruganur, Trichy.
3.The Executive Engineer (Distribution)
TANGEDCO,
Srirangam,
Trichy.
4.The Assistant Executive Engineer,
(Distribution), TANGEDCO,
Samayapuram, Trichy. ... Respondents / Respondents
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W.A(MD)No.1093 of 2020
PRAYER: The Writ Appeal is filed under Clause 15 of Letters Patent, to set
aside the order, dated 04.09.2020 in W.P.(MD)No.13029 of 2017 on the file of
this Court.
For Appellant : Mr.M.Siddharthan
For Respondent : Mr.S.Manohar
No.1
For Respondent :Mrs.S.Srimathy,
Nos.2 to 4 Standing Counsel
JUDGMENT
*************
[Judgment of the Court was delivered by B.PUGALENDHI., J.]
This writ appeal is filed as against the order of the learned Single
Judge, in W.P(MD)No.13029 of 2017, dated 04.09.2012.
2.The 1st respondent / writ petitioner has approached this Court in
W.P(MD)No.130209 of 2017, seeking for a writ of mandamus, against the
officials of the TANGEDCO to disconnect the service connection given in
respect of S.No.228/5B-0.31.0 ares in Srigunaru Village, Manachanallur Taluk,
Trichy District.
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W.A(MD)No.1093 of 2020
3.Heard Mr.M.Siddharthan, learned Counsel appearing for the
appellant, Mr.S.Manohar, learned Counsel appearing for the respondent 1 and
Mrs.S.Srimathy, learned Special Government Pleader appearing for the
respondents 2 to 4.
4.This appellant is a cultivating tenant under the 1st respondent temple
and he has altered the physical features of the land by establishing a commercial
community hall and a marriage hall without the permission of the temple and he
has also obtained electricity connection.
5.The learned Single Judge, considering the rival submissions made
on either side, by order dated 04.09.2020 has allowed the writ petition on the
following terms:
“6.The learned counsel states that he is not having
instructions in that regard. As of now, there is no material to
show that the constructions in question were put up after
getting approval. It is true that Regulation 27(4) enables
TANGEDCO to grant service connection in favour of an
occupier even if the owner of the premises does not give
consent. But this regulation cannot be mechanically and
arbitrarily invoked by the TANGEDCO authority. TANGEDCO
authority ought to have seen that the land in question belongs
to a temple. It is very settled that for minors, those with mental
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W.A(MD)No.1093 of 2020
disabilities and idols, the Court has to act as a guardian. That
does not mean that others can disregard their interests.
7.When the matter concerning temple property comes
before a TANGEDCO Official, he ought to apply his mind. I
regret to record that the TANGEDCO authority in this case
have shown scant record for the interests and welfare of the
petitioner temple. HR & CE Act, 1959 contains several
provisions to protect the properties of the temple. In fact, the
temple property cannot be alienated beyond a period of five
years without getting sanction from the Government /
Commissioner. In this case, by putting up commercial
construction on the temple land, the fourth respondent has
committed rank illegality. To perpetuate the same,
TANGEDCO has also provided service connection. Nothing
can be more illegal than this.
8.Therefore, I have no hesitation to allow this writ
petition as prayed for. The Writ Petition stands allowed. The
respondents 1 and 2 shall effect disconnection of the petition
mentioned service connection. If any bore well has been
granted any service connection, the same shall not be
disconnected. Since the fourth respondent is a cultivating
tenant, installation of a bore well cannot be said to be illegal.
However, I make it clear that water in the said bore well should
be used only for the fourth respondent's agricultural
operations. They will not be put to any commercial
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W.A(MD)No.1093 of 2020
exploitation. No costs. Consequently, connected miscellaneous
petitions are closed.”
6.The learned Counsel appearing for the appellant by relying upon the
provision under Section 27(4) of the Tamil Nadu Electricity Code has submitted
that the writ Court failed to consider the provisions of the Tamil Nadu
Electricity Distribution Code, while deciding the issue.
7.It is an admitted case that the appellant is a cultivating tenant under
the 1st respondent temple and he continues to be in occupation of the said
temple land, even after five years without there being any extension of the
lease. While so, the appellant has approached the Tahsildar in the year 2010 and
obtained an order in the tenancy proceedings, declaring him as the cultivating
tenant under the temple.
8.When it is an admitted case of the appellant that he is a cultivating
tenant, he is not entitled to alter the cultivating land as that of a commercial
establishment without getting necessary order for conversion from the
competent authority. The Electricity Board is not expected to provide service
connection in a mechanical manner by recognising an unauthorised
construction.
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W.A(MD)No.1093 of 2020
9.When the construction of the commercial establishment in a
cultivating land itself is an unauthorised construction, effecting electricity
service connection to same, would amount to ratifying the illegality. Therefore,
we are not inclined to entertain this writ appeal and there is no reason to
interfere with the orders of the learned Single Judge.
10.Accordingly, this writ appeal is dismissed. No Costs.
Consequently, connected miscellaneous petition is also dismissed.
[N.K.K.,J.] [B.P., J.]
19.02.2021
Index : Yes / No
dsk
To
1.The Executive Officer,
Arulmigu Sivaloganathar Temple,
Siruganur, Manachanallur,
Trichy.
2.The Assistant Engineer (Distribution),
TANGEDCO,
Siruganur, Trichy.
3.The Executive Engineer (Distribution)
TANGEDCO,
Srirangam, Trichy.
4.The Assistant Executive Engineer,
(Distribution), TANGEDCO,
Samayapuram, Trichy.
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W.A(MD)No.1093 of 2020
N.KIRUBAKARAN, J
AND
B.PUGALENDHI, J.
dsk
W.A(MD)No.1093 of 2020
19.02.2021
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