Madras High Court
Annamalaisamy vs The Divisional Engineer ... on 12 January, 2022
W.P.(MD) No.589 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD)No.589 of 2022
and
WMP(MD)No.458 of 2022
Annamalaisamy
President,
Nadar Uravinmurai Committee ... Petitioner
Vs.
1.The Divisional Engineer (Highways),
Tenkasi,
Tenkasi District.
2.The Assistant Divisional Engineer,
Highways (Construction and Maintenance),
Sivagiri,
Tenkasi District.
3.The Assistant Engineer,
Highways (Construction and Maintenance),
Sivagiri,
Tenkasi District.
4.The Tahsildar,
Kadayanallur Taluk,
Tenkasi District.
5.Kandasamy.
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.589 of 2022
6. The Chairman,
Tamil Nadu Generation and
Distribution Corporation Ltd.,
144 Anna Salai,
Chennai 600 002 ... Respondents
*(R6 impleaded suomotu vide order
of this Court dated 12.01.2022)
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorari, to call for the records
relating to the impugned orders, dated 04.01.2022 made in Na.Ka.No.
132/2021/A1 passed by the 2nd respondent and quash the same.
For Petitioner : Mr.V.Sasikumar
For Respondents : Mr.P.Thilakkumar
(For R1 to R4) Government Pleader
ORDER
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
The petitioner has come forward challenging the impugned order of
the 2nd respondent, dated 04.01.2022.
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W.P.(MD) No.589 of 2022
2. Mr.P.Thilakkumar, the learned Government Pleader appearing for
the respondents 1 to 4 would submit that there is an encroachment in the
National Highways and hence, the impugned order has been passed.
3. The petitioner, in reply, would submit that he purchased the land
and the property belonged to him and without conducting any enquiry, it
cannot be removed.
4. This Court makes it clear that if any encroachment is found to be
made by anyone, the electricity service connection with respect to those
violators, shall be disconnected in the light of the Judgment of the Division
Bench of this Court in "P.Selvarajan vs. The Commissioner of
Municipal Administration, Chennai and others" (W.P.No. 21639 of
2017) decided on 13.02.2018, wherein the Division Bench has observed as
follows, in consonance with the order of the Supreme Court dated
05.01.2018, passed in Special Leave to Appeal (C) No. 33863 of 2017:
“3. Learned counsel appearing for the fourth
respondent submitted that the fourth respondent has
made an application for regularisation and that
during the pendency of the proceedings, this Court,
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W.P.(MD) No.589 of 2022
by order dated 11.09.2017, directed disconnection
of electricity in respect of basement, second and
third floors of the fourth respondent's premises,
against which, the matter was taken up to the
Supreme Court. The Supreme Court, in Petition for
Special Leave to Appeal (C).No.26509 of 2017, by
order dated 13.10.2017, did not interfere with the
said order of this Court dated 11.09.2017, and
permitted the fourth respondent herein to move the
High Court. During the pendency of this Writ
Petition, the fourth respondent herein has filed
W.M.P.No.30495 of 2017 seeking direction to the
TANGEDCO to restore the electricity connection to
the building of the fourth respondent. This Court, by
order dated 07.11.2017, rejected the restoration of
electricity supply. Thereafter, once again the matter
was taken up to the Supreme Court by the fourth
respondent, and the Supreme Court, by order dated
05.01.2018 in Petition for Special Leave to Appeal
(C) No.33863 of 2017, has dismissed the Special
Leave Petition, by observing as follows:
"Heard learned counsel for the petitioner
and perused the impugned order dated
07.11.2017 passed in WMP.No.30495/2017
passed by the Madras High Court.
We are not inclined to interfere in the
impugned order and accordingly, the Special
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W.P.(MD) No.589 of 2022
Leave Petition is dismissed.
However, we direct the authority
concerned before whom the application for
regularisation under the DTCP Building
Regularisation Scheme 2017 is pending to
decide the matter in accordance with law
within two months.”
5. The official respondents are entitled to remove the encroachment
after affording an opportunity to the parties to avoid facing departmental
proceedings for not discharging their duties and an adverse entry in the
Service Record. Till the encroachment are removed and disconnection of
electricity, it is open to the Electricity Board to charge five times for the
consumption of units of Electricity at commercial rate from the violators /
encroachers.
6. This Court suo motu impleads the Chairman, Tamil Nadu
Generation and Distribution Corporation Ltd., 144 Anna Salai,
Chennai 600 002, as 6th respondent, who is expected to inform the
concerned jurisdictional Assistant Engineer to comply with the directions
that may be imposed by this Court. The Electricity Board shall make
periodical visit to the violated place to ascertain theft of electricity.
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W.P.(MD) No.589 of 2022
7. In fine, the Writ Petition is dismissed. No costs. Consequently, the
connected miscellaneous petition is also dismissed.
[S.V.N.,J.] [G.J.,J.]
12.01.2022
Index : Yes / No
Internet : Yes / No
MPK
To
1.The Divisional Engineer (Highways),
Tenkasi, Tenkasi District.
2.The Assistant Divisional Engineer,
Highways (Construction and Maintenance),
Sivagiri, Tenkasi District.
3.The Assistant Engineer,
Highways (Construction and Maintenance),
Sivagiri, Tenkasi District.
4.The Tahsildar,
Kadayanallur Taluk,
Tenkasi District.
5.The Chairman,
Tamil Nadu Generation and
Distribution Corporation Ltd.,
144 Anna Salai,
Chennai 600 002
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.589 of 2022
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
MPK
ORDER MADE IN
W.P.(MD)No.589 of 2022
12.01.2022
https://www.mhc.tn.gov.in/judis
