Madras High CourtWP/4004/2021disposed of

P.Shanmugavel v. The Assistant Executive Engineer,

2021-03-19Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.4004 of 2021 and W.M.P.No.4573 of 2021 P. Shanmugavel ...

Petitioner Vs

1. The Assistant Executive Engineer TANGEDCO Anaimalai Main Road Devanurpudur West Reddiaroor Post Anaimalai Taluk

2. The Superintending Engineer TANGEDCO Udumalpet

3. Mylathal ... Respondents (Impleaded as per order dated 19/3/2021, made in W.M.P.No.7283 of 2021 by BPJ) Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 & 2 to take appropriate legal action on the complaint/legal notice dated 1/2/2021 by restoring the electricity supply to the petitioner's house at Door No.3/11 Amanalingapuram, Kamalapatty Majara, Pollachi Taluk, Coimbatore District in service connection No.333-003-96 of Gurusamiyur Revenue Village.

For petitioner ...

Mr.R.Kannan For respondents ...

Mr.Damodaran Standing Counsel for R.R.1 and 2 - - - - -

O R D E R

This writ petition has been filed to direct the respondents 1 & 2 to take appropriate legal action on the complaint/legal notice, dated 1/2/2021 by restoring the electricity supply to the petitioner's house, at Door No.3/11 Amanalingapuram, Kamalapatty Majara, Pollachi Taluk, Coimbatore District, in service connection No.333-003-96 of Gurusamiyur Revenue Village.

2. The petitioner is a resident of Kambalapatty Majara, Pollachi Taluk, Coimbatore District. He is having a service connection in S.C.No.333-0333-96 (Old 96) in the year 1991. It appears that there is a dispute between the petitioner and his neighbour and Civil Suits are also pending. On 27/1/2021, one Thangaraj and his wife Malayaiyathal @ Mylathal damaged the petitioner's electricity service connection and for which the petitioner has lodged a Police complaint before the first respondent, in turn, the first respondent also filed a separate criminal complaint against the culprits before Aliyar Police Station, in Crime No.227 of 2021 on 28/1/2021. Though a service connection was damaged on 28/1/2021, the respondents 1 & 2 have not restored the same so far, and therefore, the petitioner has approached this Court to direct the respondents 1 & 2 to restore the electricity supply in the petitioner's house bearing Door No.3/11, Amanalingapuram, Kambalapatti PO, Pollachi Taluk,

3. Mr.Damodaran, learned Standing Counsel takes notice for the respondents 1 & 2. On the private dispute between the petitioner and Thangaraj, electrical lines have been damaged. Both the petitioner and the respondent Board have lodged criminal complaints.

4. The fact remains that this petitioner was having a service connection in SC.No.333-033-96 in his residence from the year 1991 and electricity service connection was also damaged by some private individuals by which the respondent Board has also lodged a separate complaint. But the petitioner is not having electricity connection for the past two months. Therefore, the respondents 1 & 2 shall effect service connection to the petitioner forthwith and the respondents 1 & 2 shall pursue with the criminal complaint which they have already

lodged before Aliyar Police Station, on 28/1/2021, and shall recover the damages from the concerned culprits.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mvs.

1. The Assistant Executive Engineer TANGEDCO Anaimalai Main Road Devanurpudur West Reddiaroor Post Anaimalai Taluk

2. The Superintending Engineer TANGEDCO Udumalpet +1cc to Mr.R.Kannan, Advocate, S.R.No.17727.

Writ Petition No.4004 of 2021 SS(CO) CSR (26.03.2021)