Mrs.Nagammal v. Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31400 of 2019 and W.M.P. No. 31574 of 2019 Nagammal ... Petitioner -vs1. The Superintending Engineer, Mettupalayam, Perumanallur Road,

2. The Executing Engineer, Kumaran Nagar,

3. The Assistant Engineer, Appachi Nagar,

4. P. Sarasvathi ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First to Third Respondents to restore the electricity connection bearing S.C. No. 683 back to the Petitioners till the disposal of Second Appeal pending before this Court by considering the Petitioner's representation dated 21.05.2019.

For Petitioner : Mr. H. Manojin For Respondents: Mr. N. Damodharan, Standing Counsel (for R1 to R3) 1/3

O R D E R

When it is pointed out by the Learned Standing Counsel appearing for the First to Third Respondents that electricity supply to the property claimed by the Petitioner has been disconnected pursuant to the Judgment and Decree dated 07.02.2018 in A.S. No. 28 of 2018 passed by the Principal SubCourt, Tiruppur confirming the Judgment and Decree dated 30.03.2015 in O.S. No. 715 of 2004 passed by the District Munsif Court, Tiruppur, and that though the Petitioner has preferred Second Appeal in S.A. No. 881 of 2018 before this Court against the same, its operation has not been stayed till date, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to work out her remedy depending upon the orders that may be passed by this Court in the aforesaid Second Appeal. He has also made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Superintending Engineer, Mettupalayam, Perumanallur Road,

2. The Executing Engineer, Kumaran Nagar, 2/3

3. The Assistant Engineer, Appachi Nagar, W.P. No. 31400 of 2019 nr 25/02/2020 3/3