An agriculturist's free electricity service connection of 1989 was disconnected without notice amid a boundary dispute with a neighbouring Revenue Inspector. The Court held the disconnection not in accordance with law and directed restoration within eight weeks.
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W.P No.8528 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.05.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
W.P.No.8528 of 2024
Pachamuthu
..Petitioner
.Vs.
..Respondents
1/6
W.P No.8528 of 2024
Prayer:- This Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents 2 to 5, to restore the agricultural free electricity service connection No.1098.
For Petitioner : Mr.R.Gopinath For Respondents : Mr.T.Venkateshkumar Special Government Pleader for R1 Mr.Mohan Kumar for R2 to R5
O R D E R
This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 2 to 5 to restore the agricultural free electricity service connection No.1098.
W.P No.8528 of 2024
with his two sons are doing agricultural activities in his land in Survey No.750/2B1 and 7500/2B2, measuring to an extent of 3.14 hectares. In the year 1989, free electricity connection bearing No.1098 was accorded by the respondent Board and it was in use for draining water from their well for cultivation and for other purposes. The adjacent dry waste land measuring to an extent of 20 cents is in their possession since several decades. Since the adjacent owner, who is a Revenue Inspector wanted to use the said dry land for his private passage, the petitioner gave a representation to the 1st respondent for identifying the well in the patta land. On 08.11.2023, his land in Survey No.750/2B2 was surveyed and a sketch was drawn identifying that the well fall in his patta land comprised in Survey No.750/2B2. Whileso, without any prior notice to the petitioner, the free agricultural electricity connection No.1098 was disconnected by the respondents 2 to 5. Even after specific representation to restore the same, no steps have been taken to restore the electricity connection. Hence the present writ petition.
W.P No.8528 of 2024
W.P No.8528 of 2024
connection which stands in the name of the petitioner, more preferably within a period of eight weeks from the date of receipt of a copy of this order.
costs.
09.05.2024
Index:Yes/No Speaking/Non Speaking uma
To
W.P No.8528 of 2024
R.KALAIMATHI J.
uma
W.P.No.8528 of 2024
09.05.2024
1 issue framed by the court
Whether the disconnection of the petitioner's free agricultural electricity connection without prior notice was lawful.
1 provisions across 1 enactments
Pachamuthu
The District Collector, Kallakurichi
The Superintendent Engineer, Kallakurichi
The Executive Engineer, Kallakurichi Division
The Assistant Executive Engineer (Town), Chinnasalem
The Assistant Engineer (Town), Chinnasalem
R.Kalaimathi
As recorded by the court registry
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