T.Suyamburaj v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.13316 of 2024 T. Suyamburaj .. Petitioner
Versus
1. The Assistant Engineer, Sub-Electricity Board, The Tamil Nadu Generation and Distribution Corporation Limited, Thittakudi.
2. The District Forest Officer, O/o District Forest Officer, Rajpal Street, Manjakuppam, Cuddalore District.
3. The Forest Ranger, O/o Forest Ranger Office, Viruthachalam Range, Viruthachalam, Cuddalore District.
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents not to take coercive steps the electricity connection in I.A.No.081.009.150 at K.S.R. Saw Mil, K.S.R. Nagar, Thittakudi, Cuddalore District as per the 1/6
notice Ka.No.2EB/Thu.Mi.Ni/Plan/ Va.Uu/Ko.Mi.Thu/Aa.No.26/2425/dated 30.04.2024 issued by the first respondent and pass orders. For Petitioner : Mr.A.Esakkipandi For Respondent-1 : Mr.V. Venkata Seshaiya Standing Counsel For Respondents 2 and 3 : Mr.S.Rajesh Government Advocate
ORDER
By consent of both the parties, this writ petition is taken up for disposal at the admission stage itself.
2. This petition is filed to seeking a direction directing the respondents not to disconnect the electricity connection in I.A.No.081.009.150 at K.S.R. Saw Mil, K.S.R. Nagar, Thittakudi, Cuddalore District as per the notice Ka.No.2EB/Thu.Mi.Ni/ Plan/ Va.Uu/Ko.Mi.Thu/Aa.No.26/24-25/dated 30.04.2024 issued by the first respondent.
3. .The facts of the case is that the petitioner is running a saw mill in the name and style of K.S.R. Saw Mill in R.S.No.95A Survey No.140/3 2/6
at K.S.R. Nagar Thittakudi. The petitioner filled an application for renewal of license to the respondents on 22.12.2023 However, the same was not considered. Hence, the petitioner was unable to operate the saw mill and he filed a writ petition on W.P.No.974 of 2024 seeking for a direction directing the respondent for renewal of the licence of K.S.R. Saw Mill and this Court vide order dated 22.12.2023 directed the petitioner to work out the remedy before the proper forum. Thereafter, it came to light that a suit in O.S.No.115 of 2023 was pending before the learned District Munsif Court-Thittakudi which was initiated by one Revathi seeking for declaration that she is the first class legal heirs of the deceased K.S.R.Thangarasu, who is non other than father of the petitioner herein. Challenging the order passed in W.P.No.
974 of 2024 the petitioner has filed W.A.S.R.No.55431 of 2024. Pending the same, the first respondent issued notice to the petitioner in Ka.No.2EB /Thu.Mi.Ni/ Plan/ Va.Uu/ Ko.Mi.Thu/ Aa.No.26/24-25 dated 30.04.2024 to disconnect the electricity connection. Aggrieved over the same the petitioner has come up with this petition.
4. The learned counsel for the petitioner submitted that the license of the saw mill stands in the name of his father and the O.S.No.115 of 3/6
2023 is only with regard to legal heir issue. Hence, there is no legal impediment for the respondents to consider the case of the petitioner. Hence, prays to allow this petition.
5. The learned standing counsel and the learned Government Advocate appearing for the respondents submitted that one of the legal heirs by name Revathi has given a representation to the District Forest Officer to request to stop the illegally running saw mill run by the petitioner. They further submitted that the petitioner has not produced the relevant documents to establish his case.
6. For the foregoing reasons, this Court directs the petitioner to give a fresh representation to the respondents with all necessary particulars required by the respondents and on receipt of the representation and other particulars the respondents are directed to verify the same and pass orders within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition is disposed of. No 4/6
order as to costs.
05.06.2024 Speaking order : Yes/No Index : Yes/No smn To
1. The Assistant Engineer, Sub-Electricity Board, The Tamil Nadu Generation and Distribution Corporation Limited, Thittakudi.
2. The District Forest Officer, O/o District Forest Officer, Rajpal Street, Manjakuppam, Cuddalore District.
3. The Forest Ranger, O/o Forest Ranger Office, Viruthachalam Range, Viruthachalam, Cuddalore District.
V.BHAVANI SUBBAROYAN, J.
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smn W.P.No.13316 of 2024 05.06.2024 6/6