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Madras High CourtWP/3026/2016disposed of

K.Kandasamy v. The Executive Engineer,

2016-01-28Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.3026 of 2016 and W.M.P.No.2493 of 2016 K.Kandasamy .. Petitioner V.

1.The Executive Engineer (O & M), Tamil Nadu Generation and Electricity Tamil Nadu Electricity Board, Kumar Nagar, Tirupur.

2.The Assistant Executive Engineer (O & M), Tamill Nadu Generation and Electricity Tamil Nadu Electricity Board, Mannarai, Uthukuli Road, Tiruppur.

3.V.Subramaniam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus forbearing the respondents 1 and 2 from giving electricity service connection in favour of the 3rd respondent from electricity pole erected in S.Nos.232 and 233, Mannarai Village, Tiruppur Taluk & District.

For Petitioner .. Mr.C.Prakasam For Respondents 1 & 2 ..

Mr.S.K.Rameshwar

ORDER

Heard the learned counsel for the petitioner and Mr.S.K.Rameshwar, learned Standing Counsel accepting notice for the respondents 1 and 2 and with their consent, the Writ Petition is taken up for final disposal at the admission stage. 2.The petitioner seeks for a direction upon the respondent Corporation not to give electricity connection to the 3rd respondent. In this regard, a representation has been submitted by the petitioner dated 11.12.2015, which is said to have been received by the 1st respondent on 14.12.2015 as per the postal acknowledgment card filed in the typed set of papers.

3.The petitioner, in the representation, has alleged that there is a suit pending before the District Court, Tirupur in O.S.No.35 of 2014. However, the details of the civil litigation has not been set out in this writ petition nor a copy of the plaint has been filed along with the writ petition. Therefore, at this stage of the matter, no positive direction can be granted as sought for by the petitioner. However, since the representation is pending before the respondents 1 and 2, the same is directed to be considered in accordance with law, after notice to the petitioner and the 3rd respondent, within a period of four weeks from the date of receipt of a copy of this order.

4.With the above observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Sgl To 1.The Executive Engineer (O & M), Tamil Nadu Generation and Electricity Tamil Nadu Electricity Board, Kumar Nagar, Tirupur.

2.The Assistant Executive Engineer (O & M), Tamill Nadu Generation and Electricity Tamil Nadu Electricity Board, Mannarai, Uthukuli Road, Tiruppur.

+1 CC to Mr.C.Prakasam, SR.No.5599.

W.P.No.3026 of 2016 NM(CO) KP(08.02.2016)