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Madras High CourtWP/6606/2011dismissed as infructuous

K.Suresh, v. Superintendent Engineer,

2019-08-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P. 6606 of 2011 and M.P. 1 of 2011 K.Suresh ... Petitioner Vs

1. Superintendent Engineer, Tamil Nadu Electricity Board, Udumalpet.

2. Junior Engineer, Tamil Nadu Electricity Board, Udumalpet.

3. R.Subbulakshmi, W/o. R.Kanagaraj, Uralpatti Village, Udumalpet Taluk.

4. K.Muthusamy, S/o. Krishnasamy Gounder, No.10/83, Uralpatti Village, Udumalpet Taluk.

5. K.Subramaniam, S/o. Krishasamy Gounder, No.10/83, Uralpatti Village, Udumalpet Taluk.

6. Jayaprakash, S/o. Manickam, Sanjay Farms, Paapanarkulam Village, Madathukulam.

7. Madhu Agarwal, W/o. M.M.Agarwal, A-38, Amar Colony, Lajpat Nagar-IV, New Delhi-24.

8. Sanjeev Kumar, S/o. Ramji Das, No.431, Prakash Mohalla Garhi, New Delhi - 65.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from giving electricity connection by installing polls, meters or by doing any allied work in relation to giving electricity connection in respect of the construction made over the common passage in the land in Survey No.68/1A in Andiagoundanur Village within the SubRegistrar office, Udumalpet and Registration District, Tiruppur. For Petitioner : Mr.D.Prabhu Mukunth For Respondents : Mr.S.K.Rameshuwar, Standing Counsel for R1 & R2 M/s.C.Veeraraghavan for R6 to R8

O R D E R

The petitioner has filed the Writ Petition seeking a direction to forbear the respondents 1 and 2 from giving electricity connection by installing polls, meters or by doing any allied work in relation to giving electricity connection in respect of the construction made over the common passage in the land in Survey No.68/1A in Andiagoundanur Village within the Sub-Registrar office, Udumalpet and Registration District, Tiruppur.

2. Mr. S.K.Rameshuwar, learned counsel appearing for the respondents 1 and 2 would submit that already the service connection was effected by the Electricity Board to the poultry farm on 26.03.2011 based on the legal opinion and the same was communicated to the petitioner by way of letter dated 25.03.2011. Hence, this Writ Petition may be dismissed as infructuous.

3. In view of the above, as already the service connection was effected by the Electricity Board to the poultry farm on 26.03.2011, the present Writ Petition is dismissed as infructuous. However, it is open for the petitioner to work out his remedy in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

rpp To

1. The Superintendent Engineer, Tamil Nadu Electricity Board, Udumalpet.

2. The Junior Engineer, Tamil Nadu Electricity Board, Udumalpet.

+1cc to M/s.C.Veeraraghavan, Advocate sr.66092 +1cc to Mr.D.Prabhu Mukunth, Advocate sr.66041 W.P. 6606 of 2011 and M.P. 1 of 2011 mp(co) nr 24/09/2019