Sulochana v. Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Writ Petition No.32993 of 2022 and WMP No.32392 of 2022 Mrs. Sulochana ..Petitioner Vs.
1. Superintending Engineer, TANGEDCO (T.N.E.B), Vellore Division Circle, Katpadi Vellore District.
2 Executive Engineer / OSM TANGEDCO (T.N.E.B), Arcot Rural Kannamanagalam to Arcot Road Thazhanoor, Walaja Taluk, Ranipet District.
3 Assistant Executive Engineer/ OSM, TANGEDCO (T.N.E.B) Arcot, Ranipet District.
4. The Junior Engineer / OSM TANGEDCO (T.N.E.B) Chakkaramallur, Arcot Taluk, Ranipet District
5. Thamizharasi ..Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a of Writ of Certiorarified Mandamus, Calling for entire records pertaining to the order in Letter No. 161 A.E / P &D / S.mallur / Div.Pt / 2022- 23 dated 15.11.2022 passed by the 3rd respondent quash the same as illegal, violative and thereby consider the representation of the petitioner dated 20.07.2022 and 02.11.2022 about the service connection in Survey No.445/9, Anathangal Village, Arumpakkam, Ranipet District, formerly Vellore District and for other reliefs. For Petitioner : Mr.K.Mohanamurali For Respondent : Mr.S.Madhusudanan Standing Counsel, for RR 1 to 3
O R D E R
The petitioner seeks to challenge the letter dated 15.11.2022, of the Assistant Engineer, Operation and Maintenance of the Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), stating that since the petitioner has not participated in the enquiry on her objections, the Corporation will go ahead and provide electricity service connection to her 2/5
sister.
2. This is a case of vindictive litigation. Admittedly the petitioner has launched a partition suit against the fifth respondent and the same is pending. Though she had impleaded the TANGEDCO and its Officers in the said suit, she has not been able to get an order of injunction from the Civil Court. Hence she cannot prevent the TANGEDCO for providing the service connection. She is a co-owner, who is entitled to her rights which she can establish before the appropriate Civil Court, the suit is also pending.I do not see any merit in the Writ Petition.
3. Hence this Writ Petition is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 08.12.2022 jv Index:Yes/No Internet:Yes/No Speaking order/Non-Speaking order 3/5
To:-
1. Superintending Engineer, TANGEDCO (T.N.E.B), Vellore Division Circle, Katpadi Vellore District.
2 Executive Engineer / OSM TANGEDCO (T.N.E.B), Arcot Rural Kannamanagalam to Arcot Road Thazhanoor, Walaja Taluk, Ranipet District.
3 Assistant Executive Engineer/ OSM, TANGEDCO (T.N.E.B) Arcot, Ranipet District.
4. The Junior Engineer / OSM TANGEDCO (T.N.E.B) Chakkaramallur, Arcot Taluk, Ranipet District 4/5
R.SUBRAMANIAN, J.
jv Writ Petition No.32993 of 2022 and WMP No.32392 of 2022 08.12.2022 5/5