W.P.No.20883 of 2011 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 19.08.2026 Coram: THE HON’BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON’BLE MR.JUSTICE E.MANOHARAN Writ Petition No.20883 of 2011 and M.P.No.1 of 2013 The Assistant Executive Engineer, West Mambalam, CEDC/Central, Tamil Nadu Electricity Board, Chennai 600 033. .. Petitioner /versus/ 1.T.Sorriyaprakash No.8/13, Vedivelupuram, West Mambalam, Chennai 600 033. 2.The Chairman, State Human Rights Commission, Tami Nadu, “Thiruvarangam” No.143, P.S.Kumarasamy Raja Salai, Chennai 600 028. .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the 2nd respondent and quash the order passed by the State Human Rights Commission to its order dated 28.06.2011. Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.20883 of 2011 For Petitioner :No appearance For Respondents :No appearance for R1 Mr.M.Narayanasamy for R2 ORDER (The order of the Court was made by Dr.G.Jayachandran,J) There is no representation for the appellant as well as the first respondent, who is the complainant before the State Human Rights Commission, which triggered the registration of the complaint by the State Human Rights Commission in SHRC No.3962 of 2010. 2. The dispute between the landlord and tenant has led to the disconnection of water connection and electricity service for non-payment of consumption charges. Alleging that the disconnection was made at the instigation of the landlord, the complaint was lodged before the State Human Rights Commission alleging that gross violation of human rights committed by the appellant herein, who was the Assistant Executive Engineer of the said jurisdiction at the relevant point of time. The State Human Rights Commission after considering the evidence, had recommended for the Government as below :- “Recommendations (i)The Government of Tamil Nadu, Energy Department shall first pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the petitioner viz., SOORIYAPRAKASH by way of compensation and shall recover Rs.50,000/- (Rupees fifty Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.20883 of 2011 thousand only) from the respondent viz., Jeganathan, Assistant Executive Engineer, TNEB as per rules and regulations. (ii)The Government of Tamil Nadu, Energy Department shall bear the remaining amount of Rs.25,000/-(Rupees twenty five thousand only) on vicariousness, coupled with also on humanitarian and moral grounds. (iii)Departmental action shall be initiated against the respondent in this regard. (iv)The Chairman, Tamil Nadu Electricity Board shall issue a circular to all concerned, if such circular is not in force to desist from effecting disconnection of electricity, on the motion of landlords concerned, without intimation in writing and without providing opportunity to the ‘statutory-tenants’. (v)The Secretary to Government, Municipal Administration and Water Supply Department shall issue a circular to all concerned, if such circular is not in force, to desist from effecting water-supply, on the motion of landlords concerned, without intimation in writing and without providing opportunity to the ‘statutory tenants’. (vi)Departmental enquiry shall be initiated against the then Inspector of Police, namely, Charles, R6 Kumaran Nagar PS in this regard. Time for compliance:two months” 3.Being aggrieved by the recommendations paying compensation of Rs.75,000/- to the complainant, out of which, Rs.50,000/- is to be paid by Jeganathan, Assistant Executive Engineer, TNEB, the present writ petition is filed by the said Jaganathan, Assistant Executive Engineer. Page Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.20883 of 2011 4. The service connection, which was disconnected for non-payment, stands in the name of landlord-Padmanaban. For non-payment of the consumption charge, the service was disconnected on 19.03.2010. There was a rent control proceedings pending before X Small Causes Court, Chennai in R.C.O.P.No.577 of 2010 between the landlord and the tenant. After the disconnection of service, due to non-payment of consumption charges, the complainant has filed a miscellaneous petition for restoration of amenities and got an order for restoration on 23.04.2010. Later, the rent control proceedings in R.C.O.P.No.577 of 2010 itself got dismissed on 29.04.2010. While so, the petition filed by the complainant as against the writ petitioner who was the then Assistant Executive Engineer, has been entertained by the State Human Rights Commission and compensation was also awarded. 5. The perusal of the document and the manner in which the complaint has been dealt with by the State Human Rights Commission, need no further comment except to say that there was a total non- application of mind and the Commission was purely misdirected by the lopsided version of the complainant. The alleged violation of Human Rights is directed against the landlord and the appellant been roped in to this complaint as if he acted at the instigation of the landlord. The Human Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.20883 of 2011 Rights Commission failed to take note that the landlord, who is alleged to be the principal of the act of human rights violation, has not been impleaded as a party. As far as the writ petition is concerned, he being officially attached to the Electricity Board, when there is no payment of consumption charges, is duty bound to disconnect the electricity service connection. The writ petitioner has done his duty as per the rules. While so, the Human Rights Commission had fixed liability on the writ petitioner for no fault on his part. We are not able to understand how disconnecting the service connection for non-payment of consumption charges will amount to violation of human rights. Hence, the order of the State Human Rights Commission is set aside. 6. In the result, this Writ Petition is allowed. No order as to costs. Consequently, connected Miscellaneous Petition is closed. (Dr.G.Jayachandran, J.) (E.Manoharan, J.) 19.08.2026 Index:yes/no Neutral citation:yes/no ari To The Chairman, State Human Rights Commission, Tami Nadu, “Thiruvarangam” No.143, P.S.Kumarasamy Raja Salai, Chennai 600 028. Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.20883 of 2011 Dr.G.Jayachandran, J. and E.Manoharan, J. ari W.P.No.20883 of 2011 and M.P.No.1 of 2013 19.08.2026 Page Nos.6/6 https://www.mhc.tn.gov.in/judis