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CDJ 2025 MHC 6762
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| Court : High Court of Judicature at Madras |
| Case No : WP No. 45150 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE M. DHANDAPANI |
| Parties : C. Velusamy Versus The District Collector, Erode & Others |
| Appearing Advocates : For the Petitioners: M/s .K. Karthikeyan, A. Praveen, Advocates. For the Respondents: R1, M. Rajendiran, Additional Government Pleader, R2 to R5, I. Syed Sigbhatulla, R6, S. Balaji, Government Advocate (Crl.Side). |
| Date of Judgment : 25-11-2025 |
| Head Note :- |
| Subject |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None
2. Catch Words:
- injunction
- writ petition
- service connection
- removal of trees
3. Summary:
The petitioner, owner of agricultural land in Vilakethi Village, alleges that thorny trees near a common well are damaging the electricity phase carrier, leading the Electricity Board to disconnect his service. Despite representations to the authorities and a complaint lodged, no remedial action has been taken. Respondents assure that the trees will be removed and the service restored before 28‑11‑2025. The petitioner seeks a court direction to the Electricity Board, respondents, and the law‑enforcing agency to remove the obstructing vegetation, restore live electricity service, and submit a compliance report by the stipulated date.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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The learned counsel for the petitioner would submit that the petitioner is the owner of the agricultural land in Survey No.289/7, 290/7 in Vilakethi Village measuring an extent of one acre. The petitioner and other adjacent land owners have a common well in S.No.289/1, and the petitioner along with two other land owners had obtained a free electricity service connection by Thatkal Scheme. In the said land, thorny plan trees have grown and are touching the E.B line, causing frequest damage to the electricity phase carrier in the transformer. When the officials of the Electricity Board attempted to remove the thorny trees, one of the well owners/co-sharers raised objection. Due to the trees touching the electricity wire, the petitioner is unable to receive the electricity from the transformer. Consequently, the 4th and 5th respondents disconnected the electricity service connection to the petitioner’s well. As a result, the petitioner is unable to operate the electric motor for agricultural purposes, and the petitioner and the co-owners are losing their agricultural crops, including the trees and other crops due to lack of water. Hence, the petitioner made a representation to the 2nd respondent on 10.09.2025 and the same was forwarded to the 5th respondent. The 5th respondent, in turn, lodged a complaint with the 6th respondent to remove the thorny plan trees in the common well area, for which C.S.R No.568 of 2024 was issued. Thereafter, the 5th respondent issued proceedings dated 11.09.2025 to the petitioner. However, no action has been taken till date. Hence, the present writ petition has been filed.
2. However, the learned standing counsel appearing for the respondents 2 to 5 would submit that Mulluveli will be removed in the presence of the petitioner and the neighbours before 28.11.2025, and that the live service connection to the petitioner will be ensured, if it has already been disconnected.
3. In view of the above, there shall be a direction to the Electricity Board, the respondents 2 to 5 herein, and the Law Enforcing Agency, the 6th respondent herein, to remove the bushes between the petitioner’s land and the previous poromboke, ensure the live service connection to the agricultural land, and file a report before this Court on 28.11.2025.
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