Writ Petition Nos.
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2022 Supreme(Mad) 2116
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
M/s. Remmy Substrates India (P) Ltd., Rep. by its Executive Director Ramprakash - Appellant
Versus
Government of Tamilnadu, Rep. by its Additional Chief Secretary to Government, Chennai & Others - Respondent
W.P. Nos. 12582, 12591, 12767, 12786, 12800, 12802, 12808 & 12816 of 2022 & WMP Nos. 12034, 12035, 12036, 12044, 12046, 12286, 12222, 12263, 12253, 12262 & 12270 of 2022
Decided On : 15-06-2022
Advocates appeared:
For the Petitioner:Arl. Sundaresan, Senior Counsel, S.A. Sayed Shuhaibb, S. Kumaresan, J. Pothiraj, S. Kala, Advocates. Prakash, Senior Counsel. For the Respondents:B. Vijay, Addl. Govt. Pleader, Abulkalam, Advocate.
For the Petitioner:Arl. Sundaresan, Senior Counsel, S.A. Sayed Shuhaibb, S. Kumaresan, J. Pothiraj, S. Kala, Advocates. Prakash, Senior Counsel. For the Respondents:B. Vijay, Addl. Govt. Pleader, Abulkalam, Advocate.
Affording an opportunity of hearing before disconnection of electricity service connections is essential to uphold principles of natural justice.
Headnote:
Electricity Service Connections - Violation of Government Order - G.O. Ms. No.2261 dated 03.11.1967, Superintending Engineer's instructions dated 19.09.2011 - [Writ Petition Nos. 12582, 12591, 12816, 12800, 12808, 12786, 12802, 12767] - The court discussed the violation of Government Order and instructions by the petitioners, the principles of natural justice, and the need for affording an opportunity of hearing before disconnection of electricity service connections. The court issued directions for the Joint Water Monitoring Committee to issue show cause notices, grant a personal hearing, and pass final orders within a specified timeline, while quashing the impugned orders.
Fact of the Case:
The petitioners sought relief from disconnection of electricity service connections, alleging violation of principles of natural justice and illegal threat of disconnection. The court protected the interest of petitioners whose connections were not disconnected and restrained further coercive action for those whose connections were disconnected.
Finding of the Court:
The court found that the petitioners alleged violation of principles of natural justice and disputed the illegal tapping of electricity. It held that the petitioners must be afforded an opportunity of hearing before any coercive action of disconnection is taken against them.
Issues: Violation of principles of natural justice, disputed illegal tapping of electricity, and the need for affording an opportunity of hearing before disconnection of electricity service connections.
Ratio Decidendi: The court emphasized the importance of affording an opportunity of hearing to the petitioners before disconnection of electricity service connections and quashed the impugned orders while issuing directions for the Joint Water Monitoring Committee.
Final Decision: The court issued directions for the Joint Water Monitoring Committee to issue show cause notices, grant a personal hearing, and pass final orders within a specified timeline, while quashing the impugned orders.
JUDGMENT
(Prayer: Writ Petition in W.P. No.12582 of 2022 is filed under Article 226 of the Constitution of India, seeking for the issuance of a writ of Certiorarified Mandamus, calling for the records of the impugned orders dated both 25.04.2022 in Proceeding Nos.Ka.No.Umipo/ipe /ma.pa/va.A/ka.Tani/en22 of the 11th respondent and the impugned order dated 26.04.2022 passed in Na.Ka.6277/2020/E1 of the 2nd respondent and quash the same and consequently forbearing the respondents from disconnecting the power supply bearing consumer nos.237-001-1038; 237-001-831; 237-001-649; 237-001-886 and 237-001-818 and seizure of pumpsets and the pielines in the lands survey nos.52/2B, 86/3 and 144 situated at Malaipalayam Village, Sulur Taluk, Coimbatore District except by due process of law.)
Common Order
1. Since the issue involved in all these writ petitions, is one and the same, these writ petitions are disposed of by this common order.
2. The petitioners in these writ petitions are aggrieved either by the disconnection of electricity service connection or the threat of disconnection. The subject electricity service connections granted to the respective petitioners are in the nearby area of Parambikulam Aliyar Project (PAP) Canal in Tiruppur and Coimbatore.
3. According to the respondents, the respective petitioners have violated the Government Order in G.O. Ms. No.2261 dated 03.11.1967 and instructions issued by the Superintending Engineer dated 19.09.2011.
4. The following writ petitions have been filed for Writ of Mandamus to forbear the respondents from disconnecting electricity service connections :
| Name of the Petitioner | |
| 12800 of 2022 | S.Govardhan .... 1st petitioner and S.Srivardhan ..... 2nd petitioner |
| 12808 of 2022 | Dasamuthu |
| 12786 of 2022 | V.Vasudevan .... 1st petitioner P.Gowtham .... 2nd petitioner T. Venkatesan .... 3rd petitioner T. Rangarajan .... 4th petitioner T. Leelakrishnan .... 5th petitioner |
| 12802 of 2022 | 1. R.Ravi ... 1st petitioner 2. R. Kennedy .... 2nd petitioner |
| 12767 of 2022 | K.Balasubramaniyam |
5. The following writ petitions have been challenging the impugned orders, by which the electricity service connections have been ordered to be disconnected.
| Writ Petition Nos. | Name of the Petitioner |
| 12582 of 2022 | M/s.Remmy Substrates India (P) Ltd., Rep. By its Executive Director, Ramprakash |
| 12591 of 2022 | C. Leelakrishnan |
| 12816 of 2022 | J.Sathyapriya |
6. The respective petitioners who have filed Writ of Certiorarified Mandamus have challenged the impugned orders on the ground of violation of principles of natural justice. The respective petitioners, who have sought for Mandamus to forbear the respondents from disconnecting the electricity supply have alleged that arbitrarily and illegally a threat has been given by the respondents to disconnect their electricity service connections. The petitioners have filed documents along with these writ petitions to substantiate their respective cases that without granting an opportunity of hearing, the respondents are attempting to disconnect their electricity service connection and in three of the cases, the respondents have already ordered for disconnection which is the subject matter of challenge in W.P. Nos.12582, 12591 and 12816 of 2022. Insofar as petitioners who have filed Writ of Certiorarified Mandamus before passing of the impugned orders for disconnection, no opportunity of hearing has been granted to them. The petitioners have categorically stated in their respective affidavits in support of the respective writ peitions that they have not violated the Government Order in G.O. Ms. No.2261, dated 03.11.1967 and the instructions issued by the Superintending Engineer dated 19.09.2011.
7. This Court on 12.05.2022 has protected the interest of those petitioners, whose electricity service connections have not been disconnected and directed the respondents not to disconnect their electricity service
