WP/38153/2026 of KUPPAN Vs THE TAHSILDAR on 6 October 2026

ORDER

The petitioner herein is the resident of Chinnamanur Village, who is managing the affairs of Arulmighu Sri Sivakaaliamman Temple, has come forward with the present writ petition seeking a mandamus to the second respondent to restore the service connection of the temple.

2. The case of the petitioner is that the Sivakkaliamman Temple situated at Survey No.348, Chinnamanur village, Tirupattur Taluk was constructed in the year 1990 and has been continuously maintained as public place of worship for nearly over 35 years. The petitioner would submit that when private parties attempted to interfere with the peaceful possession and enjoyment of the temple, a suit for permanent injunction was filed in O.S.No.84/2003 on the file of District Munsif Court, Tirupattur, and the same was decreed in his favour. While so, one Chennan, son of Theethagiri filed a petition before this Court in W.P.No.27639 of 2024, falsely claiming that the temple property is a water body. This Court by order dated 12.06.2025 had disposed of the writ petition

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by recording the submission of the Government Advocate that necessary action would be initiated under The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

3. Pursuant to the orders of this Court in W.P.No.27639 of 2024, the first respondent had issued a show cause notice dated 14.07.2025 under Section 7 of the Tamil Nadu Land Encroachment Act. This show cause notice was replied by the petitioner suitably stating that the temple land in question is not a water body and that the temple is in possession and enjoyment on the said lands for over several decades, and therefore, no coercive action shall be taken against the temple.

4. The petitioner would submit that the revenue authorities have not passed any order of eviction under Section 6 of the Land Encroachment Act, instead the service connection of the temple was disconnected on 03.01.2026. Aggrieved by the same, the petitioner had approached this Court by filing W.P.No.3135 of 2026. The learned Special Government Pleader who had appeared for the State in W.P.No.3135 of 2026, had stated that the objections submitted by the petitioner is pending consideration and a final decision will be taken within a reasonable time. The Division Bench of this Court, by recording the submissions of the State counsel, had dismissed the writ petition on 10.02.2026.

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WP No. 38153 of 2026

5. Thereafter, the petitioner was also before this Court by filing another W.P.No.21914 of 2026, when he faced threat of eviction by the revenue authorities. This writ petition was also dismissed as pre-mature in view of the order passed in W.P.No.3135 of 2026. However, no action has been taken by the respondents to date, on the objections submitted by the petitioner and that no eviction order was passed under Section 6 of the Land Encroachment Act.

6. The grievance of the petitioner is that the second respondent is not entitled to disconnect the electricity service connection which was already given, when no final orders for eviction has been passed by the authorities. Therefore, the action of the second respondent in disconnecting the service connection available to the temple, is against the authority of law. Hence, he seeks to restore the service connection in Connection No.409-001-809.

7. Heard the learned counsel for the petitioner and the learned counsels appearing for the respondents.

8. The petitioner has been visited with a show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act and an objection has also been submitted by him. However, the result of the enquiry is yet to come out. If Section 7 notice is held against the petitioner, it should be followed by Section 6

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notice, which admittedly has not been issued. It is an admitted fact that the petitioner is in occupation of the property and was already enjoying the electricity service connection, which has been disconnected on 03.01.2026.

9. Therefore, without prejudice to the enquiry under the Tamil Nadu Land Encroachment Act, the second respondent shall forthwith restore the service connection to the petitioner. It is made clear that if in the enquiry, it is found that the petitioner is in illegal occupation and an encroacher, the second respondent shall immediately disconnect the service connection.

10. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note :Since the order is pronounced in the presence of the counsel appearing for the respondents, the respondents shall not await for certified copy of the order to restore the service connection. DS

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WP No. 38153 of 2026

To:

1. The Tahsildar Tirupathur Taluk, Tirupathur District.

2. The Assistant Engineer (Management) Tamil Nadu Generation and Distribution Corporation Tamil Nadu Electricity Board, Perampattu Circle, Thirupattur Taluk and District.

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WP No. 38153 of 2026

P.T.ASHA J. DS WP No. 38153 of 2026 and WMP No. 42850 of 2026 06-10-2026

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