G.Balaji Periyasamy v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2024

CORAM:

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN G.Balaji Periyasamy ... Petitioner vs.

1. The Executive Engineer, Tamilnadu Electricity Board, Dharmapuri District.

2. The Assistant Engineer, Tamilnadu Electricity Board, Dharmapuri District.

3. S.Madhaiyan (R3 impleaded as per order in W.M.P.No.11919 of 2023 dated 14.06.2024 by GKIJ) ... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Mandamus directing the respondents to consider the petitioner's representation dated 07.11.2022. For Petitioner : No appearance For Respondents 1 & 2 : Mrs. Daniel Mary For Respondent 3 : Mr.K.Thiruvengadam

ORDER

1/4

This writ petition has been filed for direction directing the respondents to consider the representation submitted by the petitioner dated 07.11.2022 thereby seeking disconnection of electricity service connection for the Shed No.17 situated at SIDCO complex, Vellagoundanpalayam, Dharmapuri District.

2. The learned counsel for the respondents would submit that the petitioner has no right over the shed No.17, situated at SIDCO Complex, Vellagoundanpalayam, Dharmapuri District. The petitioner filed W.P.No.3807 of 2021 to take action in the application made before SIDCO to allot Shed No.17 in his favour. However, the said writ petition was dismissed on 04.01.2024. Upon pending this writ petition, impleading petition has been filed by the 3rd respondent in W.M.P.No.11919 of 2023. The 3rd respondent stating that he was alloted Shed No.10 in Vellagoundanpalayam SIDCO Complex, Dharmapuri by allotment order dated 31.12.2020. Thereafter, the 3rd respondent had paid the entire amount and the possession was handed over to the 3rd respondent by the SIDCO, Dharmapuri Branch. He had altered the shed and erected machineries and obtained electricity service connection. 2/4

3. In view of the above, the 3rd respondent was in possession and enjoyment of the subject shed and as such, the prayer sought for in this writ petition cannot be considered. Hence, this writ petition is devoid of merits and it is liable to be dismissed.

4. Accordingly, this writ petition is dismissed. No costs. 14.06.2024 (1/2) Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order gvn G.K.ILANTHIRAIYAN, J.

gvn 3/4

To

1. The Executive Engineer, Tamilnadu Electricity Board, Dharmapuri District.

2. The Assistant Engineer, Tamilnadu Electricity Board, Dharmapuri District.

14.06.2024 (1/2) 4/4