V.Sundaram v. The Assistant Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.6038 of 2022 V.Sundaram .... Petitioner Vs.

1. The Assistant Engineer, Edapadi,

2. The Junior Engineer (O & M), Kannantheri, Sankagiri Taluk,

3. S.Kandasamy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus, directing the respondents 1 & 2 to take appropriate action against the 3rd respondent for disconnecting the electricity service connection effected in S.C.No.2690 in Door No.8/102-1, Katchupalli Village, Edapppadi Taluk, Salem District.

For Petitioner : Mr.C.Prakasam For Respondents : Mr. Abul Kalam for R1 & R2

O R D E R

Mr.Abul Kalam, learned Standing Counsel accepts notice for R1 & R2 and is armed with instructions to proceed with the matter finally even at the stage of admission. Hence, by consent expressed by both learned counsels, this matter is taken up finally even at the stage of admission. In the light of order, that is proposed to be passed, no notice is thought necessary to R3 at this juncture.

2. The petitioner had approached this Court earlier by way of a writ petition in W.P.No.13777 of 2014, seeking a direction to R1 to R3 to cancel the electricity service connection No.2690 given in the name of the 4th respondent in the petitioner's house at Door No.08/102-1, Kachupalli Village, Edapadi Taluk, Salem District.

3. That writ petition was disposed on 03.06.2014, directing the respondents to do the needful after conduct of enquiry. The enquiry was conducted but did not conclude in view of the pendency of the civil suits between the petitioner and the 3rd respondent and other parties in O.S.Nos.91 of 2013 and 201 of 2013, both disposed on the same date i.e. 11.12.2019. The matter thus stood at that stage without any progress whatsoever.

4. Now the petitioner states that he has been successful in the civil suits and by order dated 11.12.2019, the suit has been ordered in his favor, despite which, the proceedings still remain status quo. The petitioner has made a representation before the authorities seeking to take appropriate action on 02.09.2021.

5. Mr.Abul Kalam assures the Court that the said representation will be looked into, appropriate action taken in light of the decrees dated 11.12.2019, after hearing both the petitioner and R3 and a speaking order passed within a period of four weeks from date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar nst/ska To

1. The Assistant Engineer, Edapadi,

2. The Junior Engineer (O & M), Kannantheri, Sankagiri Taluk, +1cc to Mr.C.Prakasam, Advocate SR.18314 W.P. No.6038 of 2022 MT(CO) CB(06/04/2022)