Lalitha W/O Magudapathy v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.20200 of 2008 Lalitha ... Petitioner

Versus

1.The Chief Engineer, Coimbatore (North), 2.The Assistant Engineer, Coimbatore North, 3.Lakshmi Chandran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, to direct the 2nd respondent to provide new service connection to the petitioner on considering her application dated 07.09.2007 within a stipulated time in her favour in respect of her portion at premises No.74(a), Cauvery Street, Curio Garden, Navavur Division, Vadavalli, Coimbatore.

For Petitioner :

Mr.Sounder Vijay Arul Ram, No Appearance For Respondents :

Mr.P.R.Dilipkumar

O R D E R

The prayer sought for in the present writ petition is to direct the 2nd respondent to provide new service connection to the petitioner on considering her application dated 07.09.2007 within a stipulated time in her favour in respect of her portion at premises No.74(a), Cauvery Street, Curio Garden, Navavur Division, Vadavalli, Coimbatore.

2.

The third respondent has produced an order copy in CRP (NPD).No.1199 of 2014, dated 20.11.2015 wherein the petitioner herein Lalitha is one of the petitioner's and so also Lakshmi Chandran, third respondent herein is one of the respondents in that petition.

3.

On perusing the materials, it is seen that there is a decree passed in O.S.No.425 of 2007 in favour of the third respondent herein and the same was confirmed by this Court in Second Appeal in S.A.No.860 of 2013 dated 13.09.2013 and the same was also confirmed by the Hon'ble Supreme Court in the Special Leave Petition in S.L.P. Nos.13160 & 13161 of 2015, by order dated 24.07.2015.

4.

The third respondent herein has filed an Execution petition before the Execution Court and the same was considered and the Execution Petition was allowed, against which, the Civil Revision Petition was filed by the petitioner herein as one of the petitioners in CRP(NPD).No.1199 of 2014, which was dismissed as devoid of merits on 20.11.2015.

5.

In the light of the above facts, and as this Court in the said Civil Revision Petition has held that there is no error and irregularity in the order passed in the Execution Petition and that the third respondent has been in possession of the property in question, nothing further survives for consideration in this Writ petition. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar klt To 1.The Chief Engineer, Coimbatore (North),

2.The Assistant Engineer, Coimbatore North, W.P.No.20200 of 2008 srg 01/10/2018