Kumaravel v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.22518 and 22519 of 2023 and W.M.P(MD)Nos.18752 and 18755 of 2023 W.P(MD)No.22518 of 2023: Kumaravel ... Petitioner Vs

1.The Superintending Engineer, ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus forbearing the respondents, particularly, the third respondent from disconnecting the electricity service connection in S.C.No.292-003-93 in the Well situated at Survey No.14/2, at North Sangaramanallur Village, Madathukulam Taluk, Tiruppur District, based on the representation dated 26.08.2023. For Petitioner :Mr.D.Venkatesh For Respondents :Mr.S.Deenadhayalan Standing Counsel W.P(MD)No.22519 of 2023: Veerappa Gounder ... Petitioner Vs

1.The Superintending Engineer, ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus forbearing the respondents, particularly, the third respondent from disconnecting the electricity service connection in S.C.No.292-003-28 in the Well situated at Survey No.16/4, at North Sangaramanallur Village, Madathukulam Taluk, Tiruppur District, based on the representation dated 25.08.2023. For Petitioner :Mr.D.Venkatesh For Respondents :Mr.S.Deenadhayalan Standing Counsel COMMON ORDER With the consent of both sides, these Writ Petitions are taken up for final disposal at the admission stage itself.

2.The petitioners with an apprehension that the respondents are attempting to disconnect the agricultural electricity service connection provided to these petitioners land have filed these writ petitions.

¶3The learned Standing Counsel who takes notice for the respondents on instructions submits that these petitioners are provided with free agricultural electricity service connection and they have misused the same by extracting the water from Rivar Amaravathi and on the basis of the complaint received from the Water Resources Department, the respondents issued notice to the petitioners calling for explanations.

¶4The learned counsel appearing for the petitioners submitted that they will not exploit the water from the Amaravathi River and they will give an undertaking to that effect.

¶5Recording the submissions made by the learned counsel for the petitioner, this Court is inclined to dispose of these writ petitions with the following directions:- i. The petitioners are directed to submit an undertaking affidavit before the third respondent that they will not use the free agricultural service connection for extracting water from River Amaravathi and not for any other purpose other than agriculture within a period of two weeks from the date of receipt of a copy of this order. ii. Till such time, the respondent Board shall not take any coercive steps as against these petitioners.

6.With the above directions, these writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No. Index : Yes / No.

14.09.2023 Internet:Yes am To

1.The Inspector General of Registration, Registration Department, Chennai.

2.The District Registrar, Office of the District Registrar, Dindigul District.1.The Superintending Engineer,

B.PUGALENDHI, J. am Common Order made in W.P(MD)Nos.22518 and 22519 of 2023 and W.M.P(MD)Nos.18752 and 18755 of 2023

14.09.2023