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Madras High CourtWP/22703/2023disposed of

S.Sundari v. The Executive Engineer ( O And M)

2023-08-02Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE 1.S.Sundari 2.P.Seenivasan 3.P.Saravanan Represented by their Power Agents 4.Dr.R.Thangasamy 5.S.Jeyaprakash ... Petitioners Vs.

1.The Executive Engineer (O & M) Corporation Ltd., (TANGEDCO) Ambattur 3rd Main Road Sub Station Complex Ambattur Estate Chennai 600 058 2.The Assistant Executive Engineer Kallikuppam Ambattur, Chennai 600 053 1/6

3.The Assistant Engineer Kallikuppam, Ambattur, Chennai 600 053 4.A.Paslees ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 herein, to disconnect the service connection given at plot Nos.10 & 11 at Pasumpon Nagar Extension, in Survey No.773/2B1A, Kallikuppam, Ambattur, Chennai-53, owned by the petitioners herein and to restore the service connection at Plot No.45, Pasumpon Nagar, Kallikuppam, Ambattur, Chennai-53, on the basis of the representation dated 08.06.2023.

For Petitioner : Mr.K.Rajasekaran For Respondents : Mr.L.Jaivenkatesh Standing counsel for TNEB - R1 to R3

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.1 The 4th respondent's husband Late Yesu Nesan had a piece of property and the electricity supply provided to that property was disconnected by the TANGEDCO. Therefore, he moved this Court with W.P.No.18998 of 2016 for 2/6

restoration of electricity and vide order dated 04.09.2018, this Court has directed restoration of electricity to the 4th respondent. During the course of hearing of the said writ petition, the learned single Judge of the Court is stated to have appointed an Advocate Commissioner for local inspection and that formed the basis for the order of the Court.

2.2 The Advocate Commissioner in his report has indicated that Plot Nos.10 and 11 that belonged to petitioners 1 to 3, and Plot No.45 that belonged to the 4th respondent's husband were not adequately demarcated on ground. 3.Now, the grievance expressed by the petitioners is that the order of this Court was to restore electricity to the 4th respondent's Plot No.45, but the TANGEDCO had mistakenly given connection to the petitioners' property in Plot No.10 and 11. This the petitioners now require to be rectified. The petitioners have also given a representation dated 08.06.2023 to this effect to the 3rd respondent, and that the same has not yet been attended to.

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4.This Court, now directs the 3rd respondent to take a swift action on the petitioners' representation dated 08.06.2023 and decide the issue forthwith and undo the mistake that TANGEDCO has done, may be inadvertently. The entire exercise is directed to be completed on or before 30.08.2023. 6.This writ petition stands disposed of accordingly. No costs. 02.08.2023 kas Index : Yes / No To 1.The Executive Engineer (O & M) Corporation Ltd., (TANGEDCO) Ambattur 3rd Main Road Sub Station Complex Ambattur Estate Chennai 600 058 2.The Assistant Executive Engineer 4/6

Kallikuppam Ambattur, Chennai 600 053 3.The Assistant Engineer Kallikuppam, Ambattur, Chennai 600 053 5/6

N.SESHASAYEE, J.

kas 02.08.2023 6/6