M.Eluraal v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.17583 of 2022 M.Eluraal
...Petitioner
Vs.
1. The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Elayamuthur, Udumalpet Taluk Tiruppur District.
2. Tamil Nadu Generation and Distribution Corporation Rep. By its Assistant Engineer Elayamuthur, Udumalpet Taluk Tiruppur District.
3. The Executive Engineer Tamil Nadu Generation and Distribution Corporation Elayamuthur, Udumalpet Taluk Tiruppur District.
.Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 20.5.2022 and thereby for a consequential direction to the Respondents not to provide/effect electricity supply connection in the name of the third parties in respect of the land and premises in S.No. 473/C measuring an extent of 2.40 Acres at Kallapuram village Udumalpet Taluk, Tiruppur District till the disposal of the suit filed by the writ petition 1/4
pending in O.S.No. 99 of 2014 on the file of District Munsif Court, Udumalpet.
For Petitioner : Mr.P.Mahalakshmi For Respondents : Mr.L.Jaivenkatesh Standing Counsel (TNEB)
O R D E R
The petitioner herein seeks a direction to respondents to consider his representation dated 20.05.2022 requesting the respondents not to give electricity service connection to the general public in respect of the property situated in Survey No.473/C,"poramboke land" measuring an extent of 2.40 Acres at Kallapuram village, Udumalpet Taluk, Tiruppur District.
2. It is the case of the petitioner that she has been in possession and enjoyment of the above mentioned poramboke property for the past 30 years and in respect of the same, the petitioner instituted a civil suit against the revenue officials in O.S.No.99 of 2014 on the file of District Munsif Court, Udumalpet seeking declaration of title and other consequential relief. When the said civil suit is pending, the respondents herein made an attempt to give electricity service connection to third parties. Therefore, the petitioner 2/4
submitted a representation before the 2nd respondent on 20.05.2022 requesting him not to give electricity service connection to the third parties or general public. The said representation has not been considered. Hence, the petitioner is before this court.
3. Even according to the averments of the petitioner, she instituted a civil suit seeking declaration of title against the Government/revenue officials. The private individuals in whose favour service connections were requested are not impleaded in this writ petition. In these circumstances, this Court is not inclined to entertain the writ petition and grant any relief to the petitioner.
4. Accordingly, this writ petition stands dismissed. However, it is open to the petitioner to work out her remedy by filing appropriate interim application in the pending civil suit. No costs. 20.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4
S.SOUNTHAR , J.
nr To
1. The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Elayamuthur, Udumalpet Taluk Tiruppur District.
2. Tamil Nadu Generation and Distribution Corporation Rep. By its Assistant Engineer Elayamuthur, Udumalpet Taluk Tiruppur District.
3. The Executive Engineer Tamil Nadu Generation and Distribution Corporation Elayamuthur, Udumalpet Taluk Tiruppur District.
W.P No.17583 of 2022 20.11.2024 4/4