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Madras High CourtWP/27371/2016dismissed

L.S.Nandhakumar v. The Chairman

2022-01-31Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31-01-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.27371 of 2016 And WMP No.8700 of 2017 L.S.Nandhakumar .. Petitioner vs.

1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 600 002.

2.The Assistant Executive Engineer, Tamil Nadu Electricity Board, TANGEDCO, Sankarapuram, Villupuram District.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to shift over the agriculture electricity service connection being S.C.No.394 from the Well in Survey No.43/7 at S.Kulathur Village, Sankarapuram Taluk, Villupuram District to the Well situated in Survey No.47/1 at S.Kulathur Village, Sankarapuram Taluk, Villupuram District.

For Petitioner : Mr.G.Balamanikandan For Respondents-1 and 2 : Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.

O R D E R

The relief sought for in the present writ petition is to direct the second respondent to shift over the agriculture electricity service connection being S.C.No.394 from the Well in Survey No.43/7 at S.Kulathur Village, Sankarapuram Taluk, Villupuram District to the Well situated in Survey No.47/1 at S.Kulathur Village, Sankarapuram Taluk, Villupuram District.

2. The grievance of the petitioner is that he purchased the agricultural land at S.Kolathur Village, Sankarapuram Taluk. The petitioner has submitted an application for transfer of https://hcservices.ecourts.gov.in/hcservices/

agricultural Electricity Service Connection.

In view of the fact that the grievance of the petitioner has not been considered, the present writ petition is filed.

3. The second respondent-Assistant Executive Engineer, who filed the counter-affidavit, states that a civil suit between the eptitioner and one Mr.G.Edison in O.S.No.148 of 2010 was under hearing during the relevant point of time and the petitioner has suppressed the fact that regarding the finality of the said civil suit and further the said Mr.G.Edision has not been impleaded as party respondent in the present writ petiion.

4. In view of the fact that the civil dispute between the petitioner and some other persons, is pending and the petitioner has also not impleaded those persons as party respondent in the present writ petition, the relief as such sought for in the present writ petition, cannot be granted and it is for the petitioner to approach the Authoritieis, after reaching finality in respect of the civil disputes between the parties.

5. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Svn To 1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 600 002.

2.The Assistant Executive Engineer, Tamil Nadu Electricity Board, TANGEDCO, Sankarapuram, Villupuram District.

+1cc to Mr.L.Jaivenkatesh, Advocate SR.No.6153 WP 27371 of 2016 NMI(CO) GN(10/02/2022) https://hcservices.ecourts.gov.in/hcservices/