Shanmugaraj v. The Block Development Officer

Order Challenging the impugned notice of the 5th respondent dated 12.09.2022, wherein the petitioner was called upon to get No Objection Certificate to sustain his electricity service connection, the present writ petition is filed.

¶2Case of the petitioner is that he purchased agricultural land measuring 77 cents in Field S.F.No.265/4 through a Sale Deed dated 17.03.1999, wherein the petitioner dug a well measuring 18 feet x 22 feet and also obtained electricity service connection and using both his wells in his agricultural lands with a single connection. While so, the adjacent land owner one Mr.Muthumani gave a complaint on 11.11.2020, stating that the petitioner has dug a Well without permission. Based on the complaint, the 5th respondent has passed the impugned notice dated 12.09.2022, directing the petitioner to get No objection Certificate from Thippampatti Panchayat. Against which, the petitioner has Page3 of 6 preferred this writ petition.

¶3Learned counsel for the petitioner submitted that neither the Panchayat Act nor the Revenue Standing Orders mandates to get permission from the authorities for digging a manual Well in the Patta land for agricultural purposes and the impugned notice also does not specify any provision of law requiring such permission and hence prays for quashment of the impugned order.

¶4Learned standing counsel appearing for the respondent Electricity Board would submit that based on the report of the 3rd respondent dated

03.09.2021, the respondents 1 and 2 recommended that since the Wells are situated within the limit of 85 meters from a water body, the 5th respondent temporarily disconnected the electricity connection, until the petitioner obtains a no objection certificate from the Thippampatti Panchayat. Accordingly the 5th respondent passed the impugned notice.

¶5Heard both sides and also perused the materials available on record.

¶6This Court finds that there is no dispute that the petitioner is using the Wells solely for agricultural purposes. The electricity connection is also used only for agricultural operations. The requirement of permission is primarily to ensure that the land is not used for commercial exploitation. Even assuming that Page4 of 6 permission is required, the authorities must verify whether the usage is for agricultural purposes. If the Well is used for agriculture, permission can be deemed to be granted. Only in cases of misuse, the question of non-compliance arise.

¶7In such circumstances, this Court is of the view that there was no necessity for the 5th respondent to act upon the recommendation of respondents 1 and 2 and disconnect the electricity supply. It is made clear that the electricity connection shall not be disconnected. The respondents are directed to ensure that all necessary permissions, if required, are processed without disturbing the petitioner's possession within a period of two weeks from the date of receipt of a copy of this order In the event that permission is not granted, within two weeks as stated above, it shall deemed to be automatic.

¶8This writ petition is disposed of with the above directions. No costs. 24-04-2026 Index: Yes/No Speaking/Non-speaking order SK WPoNo.o26388oofo2022 KRISHNANoRAMASAMYoJ. SK WPoNo.o26388oofo2022 24-04-2026 Page5oofo6 Page6 of 6 To

¶1The Block Development officer Pollachi South Panchayat Union, Union Office Buildings, Coimbatore Road, Pollachi-642 001.

¶2The Tahsildhar Pollachi Taluk, Pollachi-642 001.

¶3The Revenue Inspector, Kolarpatti Sub Taluk, Pollachi-642 107.

¶4The Executive Engineer Maintenance and Operations, TNEB, Angalakurichi, Pollachi-642 007.

¶5The Assistant Engineer, TNEB, Udumalai Electricity Distribution Taluk, Kolarpatti-642 107.

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-04-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Shanmugaraj s/o.Subramaniam, Door No.3-185, Nallampalli, Kolarpatti Post, Pollachi, Coimbatore District-642 107. ..Petitioner(s) Vs 1. The Block Development officer Pollachi South Panchayat Union, Union Office Buildings, Coimbatore Road, Pollachi-642 001. 2. The Tahsildhar Pollachi Taluk, Pollachi-642 001. 3. The Revenue Inspector, Kolarpatti Sub Taluk, Pollachi-642 107. 4. The Executive Engineer Maintenance and Operations, TNEB, Angalakurichi, Pollachi-642 007. 5. The Assistant Engineer, TNEB, Udumalai Electricity Distribution Taluk, Kolarpatti-642 107. ..Respondent(s) Calling for the records pertaining to the impugned notice issued by the 5th respondent herein in Ka. No.E.Min. Po/ E.Zha.Pe/ Ko.PaVa. Thu/ Ko.Thani/ A.No.109/2022 dated 12.09.2022 and quash the same For Petitioner(s): G.Karthikeyan A.Jagadeeswari E.Karthik Raja K.R.Vinodhinee Page2 of 6 C.S.Madhuben K.J.Sakthi Shanmugha Priya S.Banupriya For Respondent(s): Agp For R1 Govt Advocate For Rr2 & 3. Mr.M.Abul Kalam Sc Takes Notice For Rr5 & 6. R-4 THE EXECUTIVE ENGINEER Maintenance And Operations, TNEB, Angalakurichi, Pollachi-642 007. Private Notice Permitted Proof Filed Vide Usr.34712