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Madras High CourtWP/23636/2023closed

Manjula v. The Executive Engineer

2023-08-11Honourable Mr Justice N. Seshasayee5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.23148 of 2023 Manjula ... Petitioner Vs.

1. The Executive Engineer, O/o. Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Chendur, Tindivanam Taluk, Villupuram District.

2. The Assistant Engineer, O/o. Of Electrical Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Mayilam, Tindivanam Taluk, Villupuram District.

3. Lakshmi Narayanan

4. Munusamy ... Respondents 1/5

PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Prohibition to the 1st and 2nd respondents prohibiting them from transferring the electricity service connection Numbers 1397, 1398 and 1401, which are currently existing in the name of the petitioner, to the name of the 4th respondent upon the application submitted by him. For Petitioner : Mr. P.Vijendran For Respondents 1 and 2 : Mr. V.Venkataseshiya, Standing counsel for TNEB For Respondents 3 and 4 : Mr. U.Karunakaran

ORDER

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

2.The case of the petitioner is that she has sold a property in favour of the 3rd respondent and this document is a sham and nominal document and the 3rd respondent with no authority has transferred the property to the 4th respondent. The petitioner now apprehends that the 4th respondent is afford to transfer the electricity connection to his name. She also submits that challenging the said sale 2/5

deed, the petitioner had moved the I Additional District and Sessions Court, Tindivanam in O.S.No.396 of 2022.

3.Mr.V.Venkataseshaiya, the learned standing counsel for TNEB takes notice for the respondents 1 and 2 and makes a statement on instructions that the electricity supply connection has been transferred to the 4th respondent on 03.08.2023 on receiving separate caution deposit from the 4th respondent. 4.In view of this development, nothing survives in this petition. The petitioner is now directed to work out his remedies in the pending civil suit in O.S.No.396 of 2022.

5.This writ petition stands disposed of accordingly. No costs. Consequently, the connected Miscellaneous petition is closed.

11.08.2023 kas 3/5

Index :Yes / No N.SESHASAYEE, J.

kas To

1. The Executive Engineer, O/o. Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Chendur, Tindivanam Taluk, Villupuram District.

2. The Assistant Engineer, O/o. Of Electrical Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Mayilam, Tindivanam Taluk, Villupuram District.

and W.M.P.No.23148 of 2023 11.08.2023 4/5

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