E.Mohamed Siddique v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.23141 of 2022 E.Mohamed Siddique Rep. by his Power of Attorney Srinivasan .... Petitioner Vs 1.The Assistant Engineer Tamilnadu Generation and Distribution Corporation Limited Solasakkaranallur Mayiladuthurai Taluk.
2.John Mohammed 3.The Superintending Engineer Nagapattinam Electricity Distribution Cirle TANGEDCO (TNEB) No.36, Sattayappar East Street Nagapattinam - 610 001.
[R3 suo motu impleaded vide order dated 21.07.2023 in WP.No.24157 of 2022] .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to 1/6
temporarily disconnect the electricity to the Service Connection Nos.06534054370 and 06534054367 at No.4, Muslim Pudhumanai Street, Uluthukuppai, Mayavaram in R.S.Nos.182/2B, 182/2, 182/4, and 187/4 as per Section 6 of the Tamilnadu Electricity Supply Code within the time prescribed by this Court.
For Petitioner : Mr.K.Sakthivel For Respondents : Mr,D.B.R.Prahu Standing Counsel for TNEB
ORDER
The petitioner wants a temporary disconnection of his electricity connection as he would be abroad for a while, and that an application to that effect is pending consideration of the first respondent since 2018.
2. The counsel for the petitioner submitted that the adjacent land owner of the petitioner is suspected to commit theft of electricity from his meter and hence, seeks disconnection.
3. The learned counsel for the petitioner also submitted that the petitioner has earlier laid a suit in O.S.No.237 of 2014 through his Power of Attorney against the second respondent for a decree of permanent prohibitory 2/6
injunction to restrain the second respondent from interfering with his possession.
4. The learned counsel for the first respondent has filed his counter and made a statement that the second respondent stays in the house, and hence disconnection is not made. He also added as per the investigation by the authorities concerned, there is no stealing of electricity. 5.Mr.K.Santhanakrishnan, Superintending Engineer, NEDC / Nagapattinam and Mr.K.R.Raghu, Junior Engineer, O&M, Sholasakkaranallur are present to assist the Court,
6. At the end of the day, the petitioner wants disconnection of the electricity connection that stands in his name. He has absolute authority and right to make a request for his disconnection and the first respondent cannot be charitable enough to make a statement on behalf of the second respondent and his only obligation is to see if the request of the petitioner can be accommodated within its rules and norms.
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7. The first respondent is required to abide by the rules which binds him, and report compliance on the action taken on the request of the petitioner, by 08.08.2023.
8.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Post the matter for reporting compliance on 08.08.2023. 31.07.2023 Index : Yes / No Speaking order / Non-speaking order ds 4/6
To:
1.The Assistant Engineer Tamilnadu Generation and Distribution Corporation Limited Solasakkaranallur Mayiladuthurai Taluk.
2.The Superintending Engineer Nagapattinam Electricity Distribution Cirle TANGEDCO (TNEB) No.36, Sattayappar East Street Nagapattinam - 610 001.
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N.SESHASAYEE.J., ds 31.07.2023 6/6