Madras High Court
Administrative and Public LawProperty and Real Estate Law

Electricity service must be restored where no statutory eviction order has been passed.

KUPPAN vs THE TAHSILDAR

Madras High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Electricity service must be restored where no statutory eviction order has been passed.. KUPPAN vs THE TAHSILDAR. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 2–5

The 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. 2–5

After 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. 2–5

Earlier writ petitions concerning the disconnection and a threatened eviction had been dismissed.

Source reference: pp. 2–4, paras. 2–5
02

Issues

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, 8

Whether restoration of the connection could be directed without prejudice to the pending land-encroachment enquiry.

Source reference: p. 5, para. 9
03

Law Applied

The Court applied Sections 7 and 6 of the Tamil Nadu Land Encroachment Act.

Source reference: pp. 4–5, paras. 8–9

It 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. 8–9
04

Reasoning

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. 8–9

The 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. 8–9
05

Holding

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. 9–10

The connected miscellaneous petition was closed; there was no order as to costs.

Source reference: p. 5, paras. 9–10
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Tamil Nadu Land Encroachment Act, 19052

Madras High Court

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KUPPANvsTHE TAHSILDAR

Madras High Court · October 06, 2026

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