Madras High CourtWP/43535/2016disposed of

Lakshmi v. The Junior Engineer O & M

2022-02-01Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.43535 of 2016 and W.M.P.No.37354 of 2016 Lakshmi ... Petitioner Vs.

1. The Junior Engineer O & M TANGEDCO West Pallur, Arakkonam Taluk, Vellore District.

2. Mrs.Manjula ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from interfering or disconnecting the petitioners agricultural service connection in SC No. 894 situated in S. No. 436/4D situated at Ganapathypuram Village Arakkonam Taluk Vellore District.

For Petitioner : M/s.G.Jeremiah For Respondents : Mr.L.Jaivenkatesh [R1] for TANGEDCO.

R2 - Not Ready in Notice

O R D E R

The relief sought for in the present writ petition is to forbear the 1st respondent from interfering or disconnecting the petitioner's agricultural service connection in SC No.894 situated in S.No.436/4D situated at Ganapathypuram Village, Arakkonam Taluk, Vellore District.

2.The grievance of the writ petitioner is that during the relevant point of time without following the due process of law and without issuing any notice to the petitioner, the 1st respondent made an attempt to effect disconnection in respect of the agricultural service connection provided. https://hcservices.ecourts.gov.in/hcservices/

3. However, it is an admitted fact that the dispute between the petitioner and the 2nd respondent is in existence. Such disputes regarding the subject property is to be resolved by approaching the Competent Civil Court of Law. As far as the agricultural electricity service connection is concerned, it is submitted that the connection is still in force and not disconnected.

4.This being so, in the event of receiving any such objection from any person, the competent authorities of the TANGEDCO has to issue notice to all the parties concerned and conduct an enquiry and take a decision by following the procedures as contemplated, for the purpose of complying with the Principles of Natural Justice.

5. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar shr/ska To The Junior Engineer O & M TANGEDCO West Pallur, Arakkonam Taluk, Vellore District.

+1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.7027 W.P.No.43535 of 2016 and W.M.P.No.37354 of 2016 NSK 16/02/2022 https://hcservices.ecourts.gov.in/hcservices/