Madras High Court
S.Manju vs The District Collector on 8 February, 2024
Author: D. Krishnakumar
Bench: D. Krishnakumar, R.Vijayakumar
W.P(MD)Nos.2643 & 2736 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.2643 & 2736 of 2024
and
W.M.P(MD)Nos.2658, 2659, 2660, 2733, 2734 & 2735 of 2024
S.Manju ... Petitioner in W.P(MD)No.2643/2024
Andichiyammal ... Petitioner in W.P(MD)No.2736/2024
vs.
1.The District Collector,
Trichy District,
Trichy.
2.The District Revenue Officer,
Trichy District,
Trichy.
3.The Revenue Divisional Officer,
Srirangam,
Trichy District.
4.The Tahsildar,
Manapparai Taluk,
Trichy District.
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W.P(MD)Nos.2643 & 2736 of 2024
5.The Block Development Officer,
Manapparai Taluk,
Trichy District.
6.The Commissioner,
Manapparai Municipality,
Manapparai Town & Taluk,
Trichy District.
7.The Superintending Engineer,
TANGEDCO,
Trichy.
8.The Assistant Engineer,
Tamil Nadu Electricity Board,
Manapparai Town,
Manpparai,
Trichy District. ... Respondents in both W.Ps'
PRAYER in W.P(MD)No.2643 of 2024: Writ Petition filed under Article
226 of the Constitution of India praying for issuance of a Writ of
Certiorarified Mandamus, to call for the records pertaining to the impugned
notice in Na.Ka.No.1054/2022/F1 dated 17.04.2023 issued by the sixth
respondent and quash the same as illegal and consequently direct the
respondents 6 to 8 to restore the Electricity Service Connection vide No.
241-111-1195 to the petitioner's house in No.661, Puthanatham Road,
Fathimamalai, Manapparai, Trichy District by considering the petitioner's
representation, dated 01.02.2024.
For Petitioner : Mr.S.Senthil Kumar
For Respondent Nos.1 to 5 : Mr.N.Satheesh Kumar
Additional Government Pleader
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W.P(MD)Nos.2643 & 2736 of 2024
For Respondent No.6 : Mr.M.Siddharthan
Additional Government Pleader
PRAYER in W.P(MD)No.2736 of 2024: Writ Petition filed under Article
226 of the Constitution of India praying for issuance of a Writ of
Certiorarified Mandamus, to call for the records pertaining to the impugned
notice in Na.Ka.No.1054/2022/F1 dated 17.04.2023 issued by the sixth
respondent and quash the same as illegal and consequently direct the
respondents 1 to 8 not to disturb the peaceful possession of the petitioner.
For Petitioner : Mr.S.Senthil Kumar
For Respondent Nos.1 to 4 : Mr.S.P.Maharajan
Additional Government Pleader
For Respondent No.6 : Mr.M.Siddharthan
Additional Government Pleader
COMMON ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) W.P(MD)No.2643 of 2024 has been filed by the petitioner to quash the impugned notice dated 17.04.2023 issued by the sixth respondent in Na.Ka.No.1054/2022/F1 and consequently direct the respondents 6 to 8 to restore the Electricity Service Connection vide No.241-111-1195 to the petitioner's house in No.661, Puthanatham Road, 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.2643 & 2736 of 2024 Fathimamalai, Manapparai, Trichy District by considering the petitioner's representation, dated 01.02.2024.
2.W.P(MD)No.2736 of 2024 has been filed by the petitioner to quash the impugned notice in Na.Ka.No.1054/2022/F1 dated 17.04.2023 issued by the sixth respondent and consequently direct the respondents 1 to 8 not to disturb the peaceful possession of the petitioner.
3.According to the petitioners, on the earlier occasion, one K.Vedikkai Chellaiah filed a Writ Petition in W.P(MD)No.25999 of 2022 seeking to remove the encroachments in the subject property and this Court dated 17.11.2022, directed the authorities concerned to remove the encroachments, if any, after affording due opportunity to the parties concerned and by following due process of law. Though the petitioners are having patta for their respective properties, the sixth respondent, without conducting any survey and issuing a prior notice, issued the impugned notices, dated 01.02.2024 and started the eviction process, which is contrary to the principles of natural justice. Challenging the said impugned orders, the present Writ Petitions have been filed. 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.2643 & 2736 of 2024
4.Mr.M.Siddharthan, learned Additional Government Pleader appearing for the sixth respondent, on instructions, would submit that the petitioners have produced forged patta before this Court and the subject property is not a patta land as per the revenue records. To that effect, he has also produced a communication, dated 08.02.2024 received from the Commissioner, Manapparai Municipality.
5.Considering the facts and circumstances of the case, we are not inclined to grant any relief to the petitioners. Accordingly, these Writ Petitions are dismissed. However, it is open to the petitioners to approach the authority concerned for appropriate remedy in the manner known to law, if they are so advised. No costs. Consequently, connected Miscellaneous Petitions are closed.
[D.K.K.,J.] [R.V.,J.]
08.02.2024
NCC : Yes / No
Index : Yes / No
ps
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1.The District Collector, Trichy District, Trichy.
2.The District Revenue Officer, Trichy District, Trichy.
3.The Revenue Divisional Officer, Srirangam, Trichy District.
4.The Tahsildar, Manapparai Taluk, Trichy District.
5.The Block Development Officer, Manapparai Taluk, Trichy District.
6.The Commissioner, Manapparai Municipality, Manapparai Town & Taluk, Trichy District.
7.The Superintending Engineer, TANGEDCO, Trichy.
8.The Assistant Engineer, Tamil Nadu Electricity Board, Manapparai Town, Manpparai, Trichy District.
6/7 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.2643 & 2736 of 2024 D. KRISHNAKUMAR,J.
and R.VIJAYAKUMAR,J.
ps ORDER MADE IN W.P(MD)Nos.2643 & 2736 of 2024 DATED : 08.02.2024 7/7 https://www.mhc.tn.gov.in/judis