V. BALACHANDRAN Vs. ATULYA MISRA

JUDGEMENT

(1.) The present contempt petition is filed by the petitioner in WP.No.18168/2018, alleging willful disobedience and non-compliance of the order dated 19.06.2019 passed in the said writ petition.

(2.) It is relevant to extract the prayer in the said writ petition as well as the operative portion of the order dated 19.06.2019 made in the said writ petition:-

(3.) Mr.M.Sriram, learned counsel for the petitioner would submit that the 6th respondent in the writ petition - 2nd respondent herein, viz., the Evangelical Church of India, had illegally encroached upon the Government Hill Poramboke land and constructed a religious structure also illegally and in this regard, a representation dated 15.06.2002 was also submitted to the District Collector of Kancheepuram, who in turn, issued a direction to the Tahsildar, Tambaram Taluk to evict the 2nd respondent herein and report within 48 hours. It is the further submission of the learned counsel for the petitioner that despite the fact that the 2nd respondent herein had illegally encroached upon the land classified as Hill Poramboke and that apart, put up a religious structure without any authorisation whatsoever, still the electricity service connection was provided and therefore, the petitioner made a request to the Tamil Nadu Electricity Board to disconnect the electricity service connection and since there was no response to the said representation, the petitioner filed WP.No.14241/2009 before this Court, praying for issuance of a writ of mandamus, directing the Tamil Nadu Electricity Board [now Tamil Nadu Generation and Distribution Corporation Limited [TANGEDCO]] to dispose of the representations dated 28.03.2009 and 15.06.2009 respectively to disconnect the electricity service connection in SC.No.255-681-282 granted to the 2nd respondent herein - 6th respondent in the writ petition [encroacher] and the said writ petition was disposed of on 24.07.2009 by directing the Executive Engineer, TNEB, to consider and dispose of the said representation dated 15.06.2009 submitted by the petitioner, on merits and in accordance with law within the stipulated time period and accordingly, the said official passed an order on 26.02.2010, stating among other things that the 2nd respondent herein had encroached upon the Government Poramboke land and as and when the encroacher is evicted from the Survey Nos.401 and 402 of Pachaimalai, the electricity service connection would be disconnected immediately.