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Madras High CourtWP/8722/2023disposed of

A.Rajarajan v. The Superintending Engineer

2023-03-20Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.8907 of 2023 A.Rajarajan . . . Petitioner vs.

1.The Superintending Engineer, Namakkal 2.The Executive Engineer, Paramathi-Velur, 3.The Assistant Executive Engineer, Nallur, 1/6

4.The Assistant Engineer, Nadanthai,

5. R.Subramanian . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ order or direction forbearing the respondents 1 to 4 from in any way transferring or effecting the Service connections stands in the name of the petitioner in Service Connection No.04-234-019-319 and also in the Self finance Scheme Application registration No.EE/PV/A No.221 in S.No.218/1, Thidumal Village, Paramathi-Velur Taluk, Namakkal District to the name of the 5th respondent based on the objections of the petitioner dated 20.02.2023. For Petitioner : Mr. N.Umapathy For Respondents : Mr. S.Kalaiselvan, Standing Counsel for TNEB 2/6

ORDER

This Writ Petition has been filed seeking to forbear the respondents from transferring or effecting the Electricity Service connection which stands in the name of the petitioner to the 5th respondent pursuant to the objections made by the petitioner on 20.02.2023.

2. Mr. S.Kalaiselvan, learned Standing Counsel takes notice for respondents.

3. According to the petitioner, he had purchased the disputed property in Survey No.218/1 to an extent of about 3.94 acres for which patta was granted and electricity service connection was also provided in his name. While being so, the 5th respondent had approached the respondents to transfer the electricity service connection in his favour which stands in the name of the petitioner. Aggrieved by the same, the petitioner made a detailed representation to the respondents on 20.02.2023 objecting the claim of the 5th respondent. However, the same was not considered by the respondents. Hence, the present Writ Petition has been filed. 3/6

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the 4th respondent herein to conduct the enquiry between the petitioner and the 5th respondent and pass appropriate orders on merits, within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned Standing Counsel appearing for the respondents.

6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case directs the 4th respondent to conduct the enquiry between the petitioner and the 5th respondent and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to the aggrieved parties if any within a period of six weeks from the date of receipt of a copy of this order. 4/6

7. This Writ petition is disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed.

20.03.2023 NHS Index : Yes / No Internet : Yes / No 5/6

M.DHANDAPANI, J.

NHS To 1.The Superintending Engineer, Namakkal 2.The Executive Engineer, Paramathi-Velur, 3.The Assistant Executive Engineer, Nallur,

4. The Assistant Engineer, Nadanthai, 20.03.2023 6/6