IN THE HIGH COURT OF JUDICATURE AT MADRAS Order reserved on 20.03.2024 Order delivered on 03.06.2024 CORAM THE HONOURABLE Mrs. JUSTICE J.NISHA BANU W.P.No.3701 of 2021 and W.M.P.No.4227 of 2021 M.Muthulakshmi W/o Mathivanan .... Petitioner Vs

1. The Chairman-cum-Managing Director, TANGEDCO, NPKRR Maligai, No.144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, TANGEDCO, Thiruppur Road, Udumalaipettai, Thiruppur District - 642 126.

3. The Executive Engineer, TANGEDCO, Udumalai Pettai Sub-Division, Udumalai Pettai, Thiruppur District - 642 126.

4. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Komaralingam, Thiruppur District - 642 204.

5. A.Umamaheswari, W/o Granavadivelu. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the production of the records relating to the order dated 21.03.2020 made in letter No.UMIPO/Epe/ Ku/VAAA/ KA.Thani/A.No.63/2020 passed by the 4th respondent herein and quash the same and direct the 4th respondent to restore the electricity supply connection to S.No.646/1 Komaralingam, Madathukulam Taluk, Thiruppur District.

For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.L.Jaivenkatesh, Standing Counsel for R1 to R4 Mr.U.Karunakaran for R5

O R D E R

This Writ Petition has been filed challenging the order dated

21.03.2020 passed by the 4th respondent, disconnecting the electricity service connection to the petitioner's agricultural land and direct the 4th respondent to restore the electricity supply connection to S.No.646/1 Komaralingam, Madathukulam Taluk, Thiruppur District.

2. The case of the petitioner is that she is a cultivating tenant in respect of SF.646/1, Thotta Sali, Madathukulam, Komaralingam, Thiruppur Ditrict. In the said land, the petitioner has constructed a shed to stay and look after the agricultural operation. The petitioner sought electricity service connection for the said shed. The petitioner was given electricity supply connection on 24.01.2020. While so, the 5th respondent appeared to have given a letter to the 4th respondent claiming that she is the owner of the land and requested to disconnect the electricity supply. The 4th respondent, who gave electricity supply, on verifying the documents produced by the petitioner, issued proceedings dated 13.02.2020 and asked the petitioner to produce the documents and threatened to disconnect the electricity supply. The petitioner filed W.P.No.5189 of 2020 before this Court to quash the proceedings dated 13.02.2020. According to the petitioner, when the said writ petition came up for admission, the learned Judge orally asked the learned Government Pleader not to disconnect the electricity connection. Notice was sent to the 4th respondent and the same was acknowledged on 09.03.2020. However, the 4th respondent disconnected the electricity supply on 21.03.2020. Hence, the present writ petition has been filed with the aforesaid relief.

3. (i) Learned counsel for the petitioner would submit that the petitioner constructed a shed to stay and look after the agricultural operation and sought for electricity service connection and the same was given on 24.01.2020, based on the residence certificate, legal opinion of the Government Pleader and on executing indemnity bond in compliance with Rule 27(4)(ii) of the Electricity Code. The 5th respondent, who is the subsequently purchaser/owner of the land, gave objection letter dated 11.02.2020 to the 4th respondent claiming that she is the owner of the land and requested to disconnect the electricity supply given to the petitioner. According to the counsel for the petitioner, the Assistant Engineer/4th respondent gave electricity supply only on verifying the documents produced by the petitioner. However, he issued proceedings dated 13.02.2020 asking the petitioner to produce documents within 7 days and threatened to disconnect electricity supply. Hence, the petitioner filed W.P.No.5189 of