Madras High Court
M/S.Remmy Substrates India (P) Ltd vs Government Of Tamilnadu on 15 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.Nos.12582, 12591, 12767,
12786, 12800, 12802, 12808,
and 12816 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.Nos.12582, 12591, 12767, 12786,
12800, 12802, 12808 and 12816 of 2022
and
WMP Nos.12034, 12035, 12036, 12044,
12046, 12286, 12222, 12263,
12253, 12262 and 12270 of 2022
W.P. No.12582 of 2022
M/s.Remmy Substrates India (P) Ltd.,
Rep. By its Executive Director
Ramprakash ...Petitioner
vs.
1. Government of Tamilnadu,
Rep. by its Additional Chief Secretary to Government,
Public Works Department,
Secretariat,
Chennai.
2. The District Collector,
Coimbatore.
3. The District Collector,
Tiruppur.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.12582, 12591, 12767,
12786, 12800, 12802, 12808,
and 12816 of 2022
4. The District Revenue Officer,
Coimbatore.
5. The Sub-Collector,
Pollachi,
Coimbatore District.
6. The Superintendent of Police,
Coimbatore.
7. The Deputy Superintendent of Police,
Karumathmpatti,
Coimbatore District.
8. The Revenue District Officer,
Coimbatore – South,
Coimbatore.
9. The Executive Engineer,
Public Works Department,
Water Resource Organisation,
Aliyar Basin Division, Pollachi,
Coimbatore.
10. The Executive Engineer,
TANGEDCO,
Negamam,
Coimbatore District.
11. The Assistant Engineer,
TANGEDCO,
Coimbatore – South,
Malaipalayam Village,
Coimbatore District.
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W.P.Nos.12582, 12591, 12767,
12786, 12800, 12802, 12808,
and 12816 of 2022
12. The Assistant Executive Engineer,
TANGEDCO,
Sultanpettai,
Coimbatore District.
13. The Tahsildar,
Kinathukadavu,
Coimbatore District.
14. The Tahsildar,
Sulur,
Coimbatore District.
15. The Assistant Engineer,
Public Works Department,
Water Resource Organisation,
Aliyar Basin Division, Pollachi,
Coimbatore. ...Respondents
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.
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3/13
W.P.Nos.12582, 12591, 12767,
12786, 12800, 12802, 12808,
and 12816 of 2022
In W.P. No.12582 of 2022
For petitioner : Mr.Arl. Sundaresan,
Senior Counsel
for Mr.S.A. Sayed Shuhaibb
For RR 1 to 9, 13, 14 and 15 : Mr.B.Vijay,
Addl. Govt. Pleader
For R10 to R12 : Mr.Abulkalam
for TNEB
In W.P. No.12591 of 2022
For petitioner : Mr.Arl. Sundaresan,
Senior Counsel
for Mr.S.A. Sayed Shuhaibb
For RR 1 to 9, 13 to 15 : Mr.B.Vijay,
Addl. Govt. Pleader
For R10 to R12 : Mr.Abulkalam
for TNEB
In W.P. No.12767 of 2022
For petitioner : Mr.S. Kumaresan
For R1, R3 & R4 : Mr.B.Vijay
Addl. Govt. Pleader
for R1, R3, R4
For R2 : Mr.Abul Kalam
for TNEB
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4/13
W.P.Nos.12582, 12591, 12767,
12786, 12800, 12802, 12808,
and 12816 of 2022
In W.P. Nos.12786, 12800, 12802, 12808 of 2022
For petitioner(s) : Mr.J.Pothiraj
For R1 to R4 : Mr.B.Vijay
Addl. Govt. Pleader
for R1 to R4
For R5 : Mr.Abul Kalam
for TNEB
In W.P. No.12816 of 2022
For petitioner : Mr.Prakash,
Senior Counsel
for Ms.S.Kala
For R1 to R3 : Mr.B.Vijay,
Addl. Govt. Pleader
For R2 : Mr.Abul Kalam
for TNEB.
COMMON ORDER
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 https://www.mhc.tn.gov.in/judis 5/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022 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 :
Writ Petition Nos. 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 https://www.mhc.tn.gov.in/judis 6/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022
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 https://www.mhc.tn.gov.in/judis 7/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022 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 connections. Insofar as the cases, where the disconnection have been done, this Court restrained the respondents from taking any further coercive action to remove the pipeline and the pumpsets until the matter is heard finally.
8. Till date, no counter affidavit has been filed by the respondents. Since the matter pertains to disconnection of electricity service connection and to put a quietus to the issue, this Court is of the considered view that the respective petitioners will have to be afforded an opportunity of hearing before any coercive action of disconnection of https://www.mhc.tn.gov.in/judis 8/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022 the electricity supply is taken against them.
9. In all these writ petitions, a categorical stand has been taken by the respective petitioners that they have not committed any illegal tapping of electricity. However, the same is disputed by the learned Additional Government Pleader appearing for the respondents. According to the petitioners, there are disputed questions involved as to the prohibited distance which can be decided by the respondents only after an opportunity of hearing is granted to them. Since, no opportunity of hearing has been granted to the petitioners, this Court is of the considered view that since the issue involves disconnection of electricity supply, the petitioners must be afforded an opportunity of hearing by the respondents.
10. After recording the submissions made by the respective counsels, these writ petitions are disposed of by issuing the following directions :
a) The Joint Water Monitoring Committee shall issue show cause notice to each of the petitioners, intimating the date of https://www.mhc.tn.gov.in/judis 9/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022 personal hearing, within a period of seven days from the date of receipt of a copy of this order, calling upon the respective petitioners to show cause as to why their electricity service connections should not be disconnected and the respective petitioners must be granted fifteen days time from the date of receipt of the notice to respond to the said show cause notice.
b) On receipt of the reply from the respective petitioners or on the expiry of the fifteen days period as stipulated in the show cause notice, and after affording a personal hearing on the stipulated date, to be mentioned in the show cause notice, the Joint Water Monitoring Committee shall pass final orders within a period of fifteen days thereafter.
c) Till final orders are passed, the respondents shall not disconnect the electricity service connections of the respective petitioners.
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d) In view of the issuance of the aforementioned directions by this Court, the impugned orders, dated 12.04.2022, 20.04.2022 and 25.04.2022 issued by the respective respondents are hereby quashed.
No costs. Consequently, connected miscellaneous petitions are closed.
15.06.2022 (½) Note : Issue order copy on 16.06.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 https://www.mhc.tn.gov.in/judis 11/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022 ABDUL QUDDHOSE, J.
vsi2 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808 and 12816 of 2022 15.06.2022 (½) https://www.mhc.tn.gov.in/judis 12/13 W.P.Nos.12582, 12591, 12767, 12786, 12800, 12802, 12808, and 12816 of 2022 https://www.mhc.tn.gov.in/judis 13/13