Chinnamuthu v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 02.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.7714 of 2016 Chinnamuthu [ PETITIONER ] Vs 1 The Chairman Tamil Nadu Electricity Board Anna Salai, Chennai-600 002.

2 The Assistant Engineer (O&M) Tamil Nadu Electricity Board Indur Village, Dharmapuri Taluk & District 3 Selvi 4 Saradha 5 Palanivel 6 Govindarajan 7 Latha [ RESPONDENTS ] Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the Respondents 1 & 2 particularly the 2nd Respondent to restore the disconnected electricity service connection NO.1852 to the Petitioners house property situated in Survey No.701 Indur Village Dharmapuri Taluk and District.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.M.Varunkumar -R1 & R2

O R D E R

Heard Mr.R.Thanjan, learned counsel appearing for the petitioner and Mr.M.Varunkumar, learned Standing Counsel accepting notice on behalf of respondents 1 & 2. With the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2.Admittedly, there is an order passed by the Civil Court directing the respondent Board to disconnect the electricity connection. As against the said order, the petitioner has preferred an Appeal before the Sub-Court, Dharmapuri. But, the Appeal has been filed belatedly and is yet to be numberred and it is in the Sr. stage in A.S.SR No.7830 of 2015. 3.Therefore, at this juncture this Court cannot compel the Electricity Board to restore electricity supply. Hence, the prayer sought for by the petitioner cannot be granted. 4.Accordingly, the Writ Petition is dismissed. However, this will not prevent the petitioner from approaching the Electricity Board, after he obtains appropriate orders either final or interim orders in the Appeal filed by him before the Sub-Court, Dharmapuri. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rpa To 1 The Chairman Tamil Nadu Electricity Board Anna Salai, Chennai-600 002.

2 The Assistant Engineer (O&M) Tamil Nadu Electricity Board Indur Village, Dharmapuri Taluk & District

+1 cc to M/s.R.Thanjan Advocate sr.13599 +1 cc to Mr.M.Varunkumar Advocate sr.13580 W.P.No.7714 of 2016 sal(co) aa10/03/2016