Madras High Court
J.Vikraman vs The District Collector on 24 June, 2022
W.P.No.15577 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15577 of 2022 &
W.M.P.No.14755 of 2022
1.J.Vikraman
2.K.Sasikumar ... Petitioners
vs.
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The Tahsildar,
Pollachi Taluk,
Pollachi, Coimbatore District.
3.The Chief Engineer,
Public Works Department (WRO),
Coimbatore Region,
Coimbatore.
4.The Executive Engineer,
Public Works Department,
Pollachi, Coimbatore District.
5.The Assistant Engineer,
TANGEDCO,
Gomangalam,
Pollachi Taluk, Coimbatore District ...Respondents
1/8
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W.P.No.15577 of 2022
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the respondents herein to follow the due
process of law before initiating disconnection of electricity connection to
his wells at Survey No.103C/6 & 179/1C at Koolanaickenpatti Village,
Pollachi Taluk, Coimbatore District.
For Petitioners : Mr.J.Pothiraj
For Respondents 1 to 4 : Mr.B.Vijay
Additional Government Pleader
For Respondent 5 : Mr.Abul Kalam
Standing Counsel
ORDER
This writ petition has been filed for a mandamus to forbear the
respondents from disconnecting the petitioners' electricity service
connection comprised in Survey No.103C/6 & 179/1C at Koolanaickenpatti
Village, Pollachi Taluk, Coimbatore District.
2. The petitioners have apprehended disconnection of the aforesaid
electricity service connection by the respondents. According to the
petitioners, the respondents have misunderstood the judgment passed in
W.P.No.10545 of 2015 dated 06.01.2022 and W.P.No.3181 of 2017 and
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W.P.No.15577 of 2022
have directed their subordinate authorities to disconnect the EB service
connections to the wells in the agricultural lands belonging to the petitioners
without issuing any notice and as a sequel to this, several disconnections
were done in Deepalapatti and Modakkupatti Villages in Pollachi Taluk and
Udumalpet Taluk. Hence, the petitioners apprehend disconnection of
electricity service connection to their wells in their land at Survey
No.103C/6 & 179/1C at Koolanaickenpatti Village, Pollachi Taluk,
Coimbatore District.
3. Heard Mr.J.Pothiraj, learned counsel for the petitioner, Mr.B.Vijay,
learned Additional Government Pleader appearing for the respondents 1 to 4
and Mr.Abul Kalam, learned Standing Counsel for the respondent 5.
4. Learned Additional Government Pleader appearing for the
respondents 1 to 4 has placed on record the written instructions which he
has received from the fourth respondent. According to the fourth
respondent, after inspection of Joint Water Monitoring Committee on
12.04.2022, the committee members have noticed that the petitioners have
violated the following conditions viz.,
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W.P.No.15577 of 2022
(a) As per the Superintending Engineer's Order
No.DB/JDO2/F.26/dt.19.09.2011, Water Sources within
300m from bank of Prambikulam Main canal should not be
allowed for permission to transport to outside. The
petitioners are transmitting water to outside areas for
agricultural purposes from his well which is located within
300 metres from main canal. It is clear evident that ,
petitioners are violating the above said rule.
(b) As per the Superintending Engineer's Order
No.DB/JDO2/F26/dt.19.09.2011, In case, the persons who
buys a very small piece of land, adjacent to, either in any of
the two banks of canal and making open well or borewell in
that small piece of land or a person who buys an already
existing open well or bore well adjacent to the either in any
of the two banks and involving the action of transmitting
water to outside lands will be prohibited. In this particular
case, Petitioners are having very small piece of Joint
Ownership of land of 5 cent extent in SF No.103 C/6 in
Koolanaickenpatti Village of Pollachi Taluk in Coimbatore
District. Petitioners are also having large extent of
agricultural Land in S.F.No.179/1C of 1.48 acre of Land
extent which is away from 1.50 K.m from Well in
S.F.No.103C/6 in Koolanaickenpatti Village of Pollachi
Taluk. It is clear evident that, petitioners are violating the
above said rule.”
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W.P.No.15577 of 2022
5. In similar cases involving the ayacutdars of the PAP canal in the
very same area who had filed writ petitions seeking for mandamus as well as
sought for certiorarified mandamus where disconnection orders were
challenged, the following orders were issued by this Court:
“a) The Joint Water Monitoring Committee shall
issue show cause notice to each of the petitioners, intimating
the date of personal hearing, within a period of seven days
from the date of receipt of a copy of this order, calling upon
the respective petitioners to show cause as to why their
electricity service connections should not be disconnected
and the respective petitioners must be granted fifteen days
time from the date of receipt of the notice to respond to the
said show cause notice.
b) On receipt of the reply from the respective
petitioners or on the expiry of the fifteen days period as
stipulated in the show cause notice and after affording a
personal hearing on the stipulated time, to be mentioned in
the show cause notice, the Joint Water Monitoring
Committee shall pass final orders within a period of fifteen
days thereafter.
c) Till final orders are passed, the respondents shall
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W.P.No.15577 of 2022
not disconnect the electricity service connections of the
respective petitioners.
6. The petitioners are also similarly placed persons. The petitioners
claim that they are not violators, whereas the respondents claim that they
have violated the conditions of the electricity service connection to operate
their wells. Unless and until the petitioners are afforded opportunity of
hearing and are allowed to place all their contentions, the truth will not
come out. Therefore, similar directions will have to be issued as was
directed by this Court on 15.06.2022 in W.P.No.12582 of 2022 batch
referred to supra.
7. In terms of the abovementioned directions, issued in batch of writ
petitions referred to supra, this writ petition is disposed of. No costs.
Consequently connected miscellaneous petition is closed.
24.06.2022
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Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking orders
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W.P.No.15577 of 2022
To
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The Tahsildar,
Pollachi Taluk,
Pollachi, Coimbatore District.
3.The Chief Engineer,
Public Works Department (WRO),
Coimbatore Region,
Coimbatore.
4.The Executive Engineer,
Public Works Department,
Pollachi, Coimbatore District.
5.The Assistant Engineer,
TANGEDCO,
Gomangalam,
Pollachi Taluk, Coimbatore District
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W.P.No.15577 of 2022
ABDUL QUDDHOSE, J.
nl
W.P.No.15577 of 2022
24.06.2022
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