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Madras High CourtWP/9293/2004dismissed

Mr.P.Durai v. The Asst. Engineer

2017-03-28Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.9293 of 2004 and W.M.P.No.10831 of 2004 P.Durai

...Petitioner

/versus/

1. The Assistant Engineer, Tamil Nadu Electricity Board, CEDC (West), Ambattur, Chennai - 600 053.

2. Mrs.Indira

...Respondents

rep.by Power Agent V.Venugopal (Struck Off vide order dated 29.07.2005) Prayer:

Writ petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus or any other writ or direction to direct the 1st respondent the Assistant Engineer, Tamil Nadu Electricity Board, CEDC (West), Ambattur, Chennai - 53 to restore the Electricity Service Connection to the premises of the petitioner at Old No.1, New No.90, Gandhi Nedun Salai, Oragadam, Ambattur, Chennai - 53. For Petitioner : No Appearance For 1st Respondent : Mr.P.Dhilip Kumar For 2nd Respondent : Struck Off vide order dated 29.07.2005

O R D E R

The writ petitioner claims that he is the absolute owner of the property in Old Door No.1, New Door No.90, Gandhi Nedun Salai, Oragadam, Ambattur, Chennai 53.

https://hcservices.ecourts.gov.in/hcservices/

2. The writ petitioner filed this writ petition with a prayer to restore the Electricity Service Connection to the premises of the petitioner. The writ petitioner was running a cycle shop business in the said premises for about 5 years prior to the year 2004. Further he states that on 10.11.2003 at about 10.00 a.m., the Court Bailiff from Poonamallee Munsif Court along with the Village Administrative Officer of Oragadam and the Sub Inspector of Police with two Constables from Ambattur Police Station came to his premises and by showing the copy of the order from the Court, regarding the eviction of the premises. On enquiry with his counsel, the writ petitioner found that an exparte decree was passed on 24.02.1999 against the defendants in the said suit and the writ petitioner herein was no way connected in the aforesaid suit.

3. Such being the facts and circumstances of the case, the writ petitioner at this length of time is unable to convince this Court with regard to the prevailing factual circumstances and the fact regarding the eviction of the writ petitioner from the premises. When the Civil litigations are pending between the landlord and the writ petitioner, this Court is not inclined to consider the prayer as sought for by the writ petitioner in the present writ petition.

4. Accordingly the Writ Petition is devoid of merits and the same is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To The Assistant Engineer, Tamil Nadu Electricity Board, CEDC (West), Ambattur, Chennai - 600 053.

+ 1 cc to Mr.P.R.Dhilipkumar, Advocate Sr.No.1930 W.P.No.9293 of 2004 and W.M.P.No.10831 of 2004 PA(CO) RRI 18/04/2017 https://hcservices.ecourts.gov.in/hcservices/