JUDGMENT

(Prayer: PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of disconnection of the agricultural electricity connection vide 306-007-246/7F V vide Ka.No. UMiPO/EPae/Valavadi/Va Aa/Ko.Thani/A.No.617 dated 25.5.2022 passed by the 4th respondent, quash the same and consequently direct the 4th respondent to reconnect the agricultural electricity service connection vide 306-007-246/7F V for the well in S.F.No. 113/1B only for agricultural purpose.)

1. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

2. This writ petition has been filed challenging the order dated 25.5.2022 passed by the fourth respondent disconnecting the petitioner's agricultural electricity service connection on the ground that the petitioner has been drawing water illegally for commercial as well as for agricultural operations.

3. The petitioner has challenged the impugned order primarily on the ground that the respondents violated the principles of natural justice, as, without issuing any show cause notice, arbitrarily and illegally the impugned order has been passed disconnecting the petitioner's electricity service connection. According to the petitioner, the agricultural service connection was used by the petitioner only for the purpose of irrigating eight acres of coconut farm from the well in question, which is in existence for a period of more than four decades.

4. A counter has been filed by the third respondent denying the contentions of the petitioner. In the counter, they would categorically contend that the water drawn from the well in question is being misused by the petitioner for commercial purposes namely for running a tourist resort.

5. Admittedly, in the instant case, the electricity service connection was disconnected on 25.5.2022 and no show cause notice was issued to the petitioner prior to passing the impugned order by the fourth respondent disconnecting the electricity service connection. The petitioner was not granted an opportunity to explain to the respondents that he has been drawing water from the well in question only for agricultural operations and not for any commercial purposes as stated by the fourth respondent. In the case on hand, a first information report before Dhali Police Station, Udumalpet has been registered against the petitioner for illegal drawing of water.

6. The photographs of the subject property where the well is located have been produced by the learned Additional Government Pleader appearing for the respondents, which would, prima facie, show that the petitioner is running a luxurious resort. However, as seen from the impugned order, it is clear that the petitioner has not been afforded an opportunity of hearing nor any show cause notice was issued to him prior to disconnecting the electricity service connection. In the affidavit filed in support of the writ petition, the petitioner has denied any illegal drawing of water. Therefore, he must be given an opportunity of hearing. But, in so far as the prayer for restoration of electricity service connection is concerned, the same cannot be granted at this stage in view of the serious allegations leveled by the respondents against the petitioner, as seen from the counter affidavit filed before this Court.

7. In the decisions, which are enclosed in the additional typed set of papers filed by the petitioner, the facts and circumstances are different and therefore, this Court is of the considered view that those decisions will not aid the petitioner. Being an order passed by violating the principles of natural justice, the impugned order has to be quashed and the matter has to be remanded back to the third respondent for fresh consideration after affording a fair hearing to the petitioner including grant of personal hearing.

8. Accordingly, the writ petition is partly allowed