Madras High CourtWP/21904/2017disposed of

Saraswathi v. The Chairman And Managing

2017-08-17Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.21904 of 2017 Saraswathi ... Petitioner v.

1. The Chairman and Managing Director Anna Salai Chennai - 600 002.

2. The Executive Engineer Operation and Maintenance Pollachi

3. The Junior Engineer Operations TANGEDCO Pethapampatty Udumalpet Taluk

4. S.Sakthivel ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's application dated 22.04.2017 in application No.009/TPR/17y-18 and provide Electricity connection to the bore well belonging to the petitioner in Survey No.28/D2 situated in Illuppanagaram Revenue Village, Udumalpet Taluk, Tirupur District. For Petitioner : Mr.L.Mouli For Respondents : Mr.S.K.Rameshwar Standing Counsel - for R1 to R3

O R D E R

Mr.S.K.Rameshwar, learned Standing Counsel, takes notice for the respondents 1 to 3. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider her application dated 22.04.2017 and provide Electricity connection to the bore well belonging to her in Survey No.28/D2, situated in Illuppanagaram Revenue Village, Udumalpet Taluk, Tirupur District.

3. Mr.M.Mouli, learned counsel appearing for the petitioner submitted that the 4th respondent has filed a suit in O.S.No.165 of 2017 on the file of District Munsif Court, Udumalpet for bare injunction restraining the petitioner as well as the other respondents from erecting any electric posts for running the electric wire in the suit property. Further, the learned counsel submitted that it would be suffice to direct the Trial Court to dispose of the suit, within a time frame. 4.Mr.S.K.Rameshwar, learned Standing Counsel, appearing for the respondents 1 to 3 submitted that the Trial Court may be directed to dispose of the suit, within a time frame.

5. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the District Munsif Court, Udumalpet to to dispose of the suit in O.S.No.165 of 2017, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. With these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Rj To 1 The Chairman and Managing Director Anna Salai Chennai - 600 002.

2 The Executive Engineer Operation and Maintenance Pollachi 3 The Junior Engineer Operations TANGEDCO Pethapampatty Udumalpet Taluk Copy To The District Munsif Court, Udumalpet +1cc to Mr.L.Mouli, Advocate, S.R.No.59079 W.P.No.21904 of 2017 RV(CO) CS/21/08/17