Disposed

Chitra v. The District Collector

Madras HC11 May 2022WP/11624/2022

Case brief

AI extract

What is this about?

This writ petition challenged the disconnection of electricity service at the petitioner's residence due to alleged improper measurement of distance from the bund toe. The court directed fresh measurement with notice to the petitioner and ordered restoration if the distance exceeds 50 meters.

What did the court decide?

Directed respondents to carry out re-measurement within one week with notice; TNEB to restore electricity connection within three days if distance exceeds 50 meters.

Chitra Vs The District Collector — Service and Employment | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.05.2022

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.11624 of 2022 and W.M.P.No.11100 of 2022

Chitra

... Petitioner

Vs.

The District Collector, Coimbatore District, Coimbatore.

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The Sub-Collector, Pollachi Taluk, Coimbatore District.

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The Tahsildhar, Pollachi Taluk, Pollachi, Coimbatore District.

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The Superintending Engineer, P.W.D (W.R.O) Parambikulam Aliyar Basin Circle, Pollachi- 642 003. Coimbatore District.

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The Junior Engineer, Operation and Maintenance, TNEB, Kolarpatty Village, Pollachi Taluk, Coimbatore District. ... Respondents

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PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the fourth and fifth respondents herein to take fresh measurement of the distance between the toe of the bund and the well in the petitioner's land situated in Survey No.23/1B, Kolarpatty Village, Pollachi Taluk, Coimbatore District and pass appropriate orders based on such measurement.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.G.Karthikeyan

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For R1 to R4 : Mr.C.Jayaprakash Government Advocate For R5 : Mr.Abul Kalam Standing Counsel for TNEB

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For Intervener : Mr.R.Prabhakar

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O R D E R

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The writ petition is filed seeking fresh measurement of the distance between the toe of the bund and the land of the petitioner situated in Survey No.23/1B, Kolarpatty Village, Pollachi Taluk, Coimbatore District.

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2.The petitioner submits that electricity service connection, which has been used by the petitioner since 1968 has been disconnected pursuant to an inspection carried out recently. In particular, he points out that the disconnection was effected based on the conclusion that the distance between the toe of the bund and the petitioner's land is 48 meters. According to the petitioner, the measurement was not taken properly and was also not taken in the presence of the petitioner.

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3.Mr.C.Jayaprakash, learned Government Advocate, accepts notice for the respondents 1 to 4, Mr.Abul Kalam, learned Standing Counsel accepts notice for the TNEB and Mr.R.Prabhakar, learned counsel representing tail end farmers, intervened in the matter to raise objections.

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4.Since the entire issue boils down to the distance between the toe of the bund and the relevant parcel of land, the matter may be lead to raise, if re-measurements are undertaken. The learned Special Government Pleader also states that such remeasurement would be carried out within a week in coordination with the TNEB.

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5.Accordingly, the W.P.No.11624 of 2022 is disposed of by directing the respondents to carry out re-measurement of the distance between the toe of the bund and the petitioner's land. Such re-measurement shall be carried out within one week from the date of receipt of a copy of this order. Notice shall be provided to the petitioner prior to such re-measurement.

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https://hcservices.ecourts.gov.in/hcservices/

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If, upon such re-measurement, it is found that the distance between the toe of the bund and the petitioner's land is in excess of 50 meters, the TNEB is directed to restore the electricity service connection within three days from the date of re-measurement. No costs. Consequently, connected miscellaneous petition is closed.

Sd/-

Vacation Officer

True Copy//

Sub Assistant Registrar

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Dua/Pns

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The District Collector, Coimbatore District, Coimbatore.

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The Sub-Collector, Pollachi Taluk, Coimbatore District.

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The Tahsildhar, Pollachi Taluk,

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Pollachi, Coimbatore District.

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The Superintending Engineer, P.W.D (W.R.O) Parambikulam Aliyar Basin Circle, Pollachi- 642 003, Coimbatore District.

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The Junior Engineer, Operation and Maintenance, TNEB, Kolarpatty Village,

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Pollachi Taluk, Coimbatore District.

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+1cc to Mr.G.Karthikeyan, Advocate, S.R.No.31353

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+1cc to the Government Pleader, S.R.No.31471

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W.P.No.11624 of 2022 and W.M.P.No.11100 of 2022

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PA[co] NSK 16/05/2022

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https://hcservices.ecourts.gov.in/hcservices/

Chitra v. The District Collector

Case brief

What is this about?

What did the court decide?

Chitra v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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