Facts
The petitioner, who managed the affairs of the Sri Sivakaaliamman Temple at Survey No. 348, Chinnamanur Village, sought restoration of the temple’s electricity service connection, which was disconnected on 3 January 2026.
Source reference: pp. 2–4, paras. 2–5The petitioner stated that the temple had been maintained as a place of public worship for over 35 years and relied on a decree for permanent injunction in O.S. No. 84 of 2003.
Source reference: pp. 2–4, paras. 2–5After a prior writ petition concerning the land, the Tahsildar issued a show-cause notice under Section 7 of the Tamil Nadu Land Encroachment Act; the petitioner submitted objections, but no final decision on them or eviction order under Section 6 had been made.
Source reference: pp. 2–4, paras. 2–5Earlier writ petitions concerning the disconnection and a threatened eviction had been dismissed.
Source reference: pp. 2–4, paras. 2–5Issues
Whether the electricity service connection could remain disconnected while the petitioner’s objections to the Section 7 notice were pending and no eviction order under Section 6 had been issued.
Source reference: pp. 4–5, paras. 6, 8Whether restoration of the connection could be directed without prejudice to the pending land-encroachment enquiry.
Source reference: p. 5, para. 9Law Applied
The Court applied Sections 7 and 6 of the Tamil Nadu Land Encroachment Act.
Source reference: pp. 4–5, paras. 8–9It stated that if the Section 7 notice is decided against the occupant, it should be followed by a Section 6 notice; the Court noted that no Section 6 notice had been issued in this case.
Source reference: pp. 4–5, paras. 8–9Reasoning
The petitioner’s objections to the Section 7 notice remained undecided, and the authorities had not issued a Section 6 notice or eviction order.
Source reference: pp. 4–5, paras. 8–9The petitioner was admittedly occupying the property and had previously enjoyed the electricity connection. In those circumstances, the Court directed restoration of the connection while expressly preserving the ongoing enquiry under the Land Encroachment Act.
Source reference: pp. 4–5, paras. 8–9Holding
The Court disposed of the writ petition and directed the second respondent to forthwith restore service connection No. 409-001-809, without prejudice to the statutory enquiry.
If that enquiry establishes that the petitioner is in illegal occupation and is an encroacher, the second respondent must immediately disconnect the service.
Source reference: p. 5, paras. 9–10The connected miscellaneous petition was closed; there was no order as to costs.
Source reference: p. 5, paras. 9–10Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Original Court PDF
KUPPANvsTHE TAHSILDAR
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
