Kasthuri Ammal v. Tamil Nadu Generation And Distribution Corporation Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.22864 of 2021 And W.M.P.Nos.24075 and 24077 of 2021 Kasthuri Ammal ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Ltd., Rep by its Chairman, Anna Salai, Mount Road, Chennai - 600 002.

2.The Assistant Electricity Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Perambakkam, Tiruvallur - 631 402.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of second respondent in proceeding no.THA.NO.U.PO/EB/North Perambakkam/Ko.Thani/ Va.No.010 dated 23.04.2021 and quash the same as illegal incompetent and without jurisdiction and further direct the second respondent to restore electricity connection to the lodge vide EB connection number 546-011-84.

For Petitioner : Mr.D.S.Ramesh For Respondents: Mr.L.Jai Venkatesh

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records on the file of second respondent in proceeding no.THA.NO.U.PO/EB/North Perambakkam/Ko.Thani/ Va.No.010 dated 23.04.2021 and to quash the same as illegal incompetent and without jurisdiction and to further direct the second respondent

to restore electricity connection to the lodge vide EB connection number 546-011-84.

2.The case of the petitioner is that the petitioner is the owner of the property situated at S.No.274 having Door No.2/832, Tiruvallur Road, Perambakkam and is doing business in the name of Bhavani Tyre Shop.

3.The further case of the petitioner is that the petitioner filed W.P.No.24285 of 2017 before this Court seeking to quash the PWD notice indicating the petitioner as an encroacher and in the said writ petition, this Court vide interim order dated 11.09.2017, directed the respondents to disconnect the service connection of Bhavani Tyre Shop, however, the respondents disconnected the electricity service connection including the service connection of the lodge vide EB connection number 546-011-84. Aggrieved by the same, the petitioner has filed this writ petition.

4.The learned counsel appearing for the petitioner submitted that this Court directed to respondents to disconnect the service connection of Bhavani Tyre Shop in which the service connection mentioned in the prayer is not covered, however, the respondents erroneously disconnected the service connection of Bhavani Tyre Shop and the service connection mentioned in the prayer, which is not sustainable one.

5.Heard the arguments advanced on either side and perused the materials available on record.

6.In compliance of the interim order dated 11.09.2017 made in W.P.No.24285 of 2017 by this Court, the respondents have disconnected the electricity service connection of the premises. If at all the petitioner has any grievance, she has to approach the Division Bench of this Court. Instead of doing so, the petitioner has filed this writ petition, which is not maintainable.

7.This writ petition is accordingly dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar

pri To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Mount Road, Chennai - 600 002.

2.The Assistant Electricity Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Perambakkam, Tiruvallur - 631 402.

+1cc to Mr.L.Jaivenkatesh, Advocate SR.No.1446 +1cc to Mr.D.S.Ramesh, Advocate SR.No.1693 W.P.No.22864 of 2021 And W.M.P.Nos.24075 and 24077 of 2021 SRA(CO) CB(18/02/2022)