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Madras High CourtWP/13189/2023disposed of

P.Gunasekara Senthil v. The Asst Executive Engineer

2023-04-28Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Gunasekara Senthil . . . Petitioner Vs.

1.The Asst. Executive Engineer, TANGEDCO, Palayakottai, Nathakkadaiyur, Kangayam Taluk, Tirupur.

2.Thangaraj 3.T.Janaki . . . Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to enable EB connection upto the meter box of the petitioner as per the order passed by this Court in W.P.No.05 of 2019, dated 08.01.2019.

For petitioner : Mr.N.Stalin For Respondents : Mr.L.Jaivenkatesh, Standing Counsel

ORDER

This Writ Petition has been filed for a direction to the respondent to enable EB connection upto the meter box of the petitioner as per the order passed by this Court in W.P.No.05 of 2019, dated 08.01.2019.

2. It is the case of the petitioner that the electricity service connection which was provided to the his agricultural land was intentionally disconnected by the adjacent land owners/Respondents 2 & 3. Though the order was passed by this Court in W.P.No.5 of 2019 directing the respondent to enable the electricity service connection upto the meter box of the petitioner, the same has not been complied with by the respondent. Aggrieved by the same, the petitioner is before this Court seeking a direction to the respondent to comply the earlier order of this Court.

3. If any order passed by this Court has not been complied with, the proper remedy available for the petitioner is to file a Contempt Petition

under Section 11 of the Contempt of Courts Act. Without resorting to such remedy, filing Writ Petition seeking the aforesaid relief is not sustainable. Hence, the prayer sought for in this Writ Petition cannot be granted. However, liberty is granted to the petitioner to file a contempt petition before this Court.

4. Accordingly, this Writ Petition stands disposed of with the above observation. There shall be no order as to costs. 28.04.2023 Index : Yes / No Internet : Yes / No NHS To The Asst. Executive Engineer, TANGEDCO, Palayakottai, Nathakkadaiyur, Kangayam Taluk, Tirupur.

M.DHANDAPANI, J NHS 28.04.2023