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Madras High CourtWP/5189/2020closed

N.Muthulakshmi v. The Chairman-Cum-Managing Director,

2022-02-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No. 5189 of 2020 and WMP.No.6127 of 2020 M.Muthulakshmi

...Petitioner

Vs.

1.The Chairman-Cum-Managing Director, TANGEDCO NPKRR Maligai, No.144, Anna Salai Chennai - 600 002.

2.The Superintending Engineer, TANGEDCO Tiruppur Road, Udumalai Pettai, Thiruppur District 642 126.

3.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Komaralingam, Thiruppur District 642 204.

4.A.Umamaheswari

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the production of the records relating to the proceedings dated 13.02.2020 made in Ka.en.Oomipo/E and Pe/kumaralingam/va.aa/ Ko.pu.manu/ a.en/2020 passed by the 3rd respondent herein and quash the same.

For Petitioner :

Mr.S.Senthilnathan For Respondent :

Mr.L.Jaivenkatesh RR1 to 3 Standing counsel Mr.U.KarunakaranR4

O R D E R

The Writ Petition has been filed seeking to quash the proceedings dated 13.02.2020 made in Ka.en.Oomipo/E and Pe/kumaralingam/va.aa/ Ko.pu.manu/ a.en/2020 by the 3rd respondent herein.

2.The facts of the case are as follows:

The petitioner is the cultivating tenant in respect of three acres in SF No.646/1, Thotta Salai, Komaralingam Village, Madathukulam Taluk, Thiruppur District. Her tenancy was recognized by the Revenue Court by proceedings dated 16.12.2004. Thereafter, the petitioner constructed a small shed to stay there and look after agricultural operations in the land. She applied for electricity supply connection and the 3rd respondent after getting legal opinion, indemnity bond and letter of undertaking granted electricity supply on 22.01.2020. Thereafter, the petitioner came to know that the 4th respondent who purchased the land under the cultivation of the petitioner has given objection letter to the 3rd respondent and in turn the 3rd respondent without holding enquiry, after getting report from VAO behind the back of the petitioner has threatened to disconnect the electricity supply connection while asking the petitioner to submit the records. The documents are already with the 3rd respondent. The electricity supply connection may be cut at any time, Hence, the present petition.

3.The learned counsel for the petitioner submitted that without giving any opportunity, the electricity service connection in favour of the petitioner was disconnected by the third respondent. Challenging the same, the petitioner filed a writ petition in W.P.No.3701 of 2021 before this Court and the same is pending. This Court may close this writ petition and permit the petitioner to canvas all the points before this Court.

4. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents and perused the materials available on record.

5. Recording the above submission made by the petitioner, the writ petition is closed and liberty is granted to the petitioner to canvas all the points before this Court while hearing W.P.No.3701 of 2012. No costs.

Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar rli

To 1.The Chairman-Cum-Managing Director, TANGEDCO NPKRR Maligai, No.144, Anna Salai Chennai - 600 002.

2.The Superintending Engineer, TANGEDCO Tiruppur Road, Udumalai Pettai, Thiruppur District - 642 126.

3.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Komaralingam, Thiruppur District - 642 204.

W.P. No. 5189 of 2020 and WMP.No.6127 of 2020 KG (CO) PR (28/03/2022)