JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for the records on the file of the 2nd respondent in proceeding No.THA.NO.U.PO/EB/North Perumbakkam/KoThani/C.N 005 dated 29.04.2021 and quash the same as illegal, incompetent and without jurisdiction and further direct the 1st respondent to restore electricity connection to the premises of the petitioner in survey No.271/1, Perumbakkam Village, Thiruvallur.

1. Challenging the order of the 2nd respondent and the consequential disconnection of the electricity service connection given to Survey No.271/1, Perumbakkam Village, Thiruvallur, in respect of the portion which is in occupation of the petitioner, the present petition has been filed to quash the said order and to direct the 1st respondent to direct restoration of the electricity connection.

2. It is the case of the petitioner that one Sabira Begum was the owner of the property from whom the petitioner had purchased the property in two parts, one on 16.10.2006 and the other part on 26.2.2018. Pursuant to the said purchase the petitioner had been carrying on textile business in the aforesaid survey number.

3. It is the further case of the petitioner that initially the petitioner was constrained to move a writ petition in W.P. No.22786 of 2019 against the notice issued to him u/s 7 of the Tamil Nadu Land Encroachment Act. It the said writ petition, the respondents therein had taken a stand that it is only a notice to the petitioner calling upon the petitioner to establish his rights to the property and in furtherance to the petitioner establishing his rights, the respondents therein will proceed in accordance with law u/s 6 of the Land Encroachment Act. It is the further case of the petitioner that recording the said undertaking, the Division Bench of this Court had disposed of the said petition. However, it is the further case of the petitioner that no action was taken with regard to the said encroachment proceedings.

4. It is the further stand of the petitioner that though he had purchased the property from one Sabira Begum under two different sale deeds, however, the electricity connection standing in the name of the said Sabira Begum was not transposed to the name of the petitioner.

5. Whileso, the electricity service connection pertaining to the petitioner-s premises, which was standing in the name of Sabira Begum was disconnected pursuant to the direction of this Court, dated 28.4.2021, by putting the petitioner on notice. The said action had been taken by the respondents without adverting to the direction issued by the Division Bench of this Court in the earlier round of writ petition filed by the petitioner in W.P. No.22786/19. Aggrieved by the disconnection of electricity connection, the present writ petition has been filed by the petitioner.

6. Learned counsel appearing for the petitioner submitted that though this Court had granted an interim direction, on the basis of the prima facie case established by the petitioner, to the respondents to restore the electricity service connection, however, the respondents, inspite of legal notice have not restored the electricity connection.

7. It is the further submission of the learned counsel for the petitioner that the undertaking given by the respondents for the notice issued u/s 7 of the Land Encroachment Act, has been violated and the present action disconnecting the service connection to the petitioner-s premises has been done only to harass the petitioner. It is the further submission of the learned counsel for the petitioner that though the petitioner had purchased the property in two lots from one Sabira Begum through sale deeds of the year 2006 and 2018, however, the electricity connection was not transferred to the name of the petitioner. However, the petitioner having put the respondents on notice about the fact that the property has been purchased by the petitioner,