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Madras High CourtWP/35708/2019disposed of

K.Kaliappan v. The Assistant Electricity Engineer

2020-02-25Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.35708 of 2019 K.Kaliappan ... Petitioner Vs.

1.The Assistant Electricity Engineer, (Operation and Maintenance)/East, TANGEDCO, Erode 9.

2.Balasubramaniam 3.Parvathi 4.Mani

...Respondents

(Cause title amended as per order dated 07.01.2020 made in W.M.P.No.340/2020 in W.P.No.35708 of 2019) PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, to direct the First Respondent to give electricity service connection to the Petitioner's house situated at 618, Jeevanantham Street, Vandiapattarai Road, Kallukadaimedu, Erode by considering the petitioner's representation dated 28.11.2019 within the time fixed by this Court.

For Petitioner : Mr.I.C.Vasudevan For Respondent 1 : Mr.M.Vijay Meganath For Respondents 2 & 4 : Mr.K.S.Saravanan

ORDER

Heard Mr.I.C.Vasudevan, Learned Counsel for the Petitioner Mr.M.Vijay Meganath, Learned Counsel for the First Respondent and Mr.K.S.Saravanan, Learned Counsel for the Second and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner is the tenant in the house situated at 618, Jeevanantham Street, Vandiapattarai Road, Kallukadaimedu, Erode, which belongs to the Second to Fourth Respondents. https://hcservices.ecourts.gov.in/hcservices/

3.

The grievance sought to be redressed in this Writ Petition is that on account of the tenancy dispute between the Petitioner and the Second to Fourth Respondents, the electricity supply to the aforesaid premises has been disconnected and he has sought for fresh service connection to the premises by making a representation dated 28.11.2019 to the First Respondent. 4.

In that regard, the Learned Counsel appearing for the Second to Fourth Respondents states that without prejudice to the rights of the Second to Fourth Respondents, to lawfully evict the Petitioner from the premises by following due process, the Petitioner may obtain the electricity connection for the premises in the names of the Second to Fourth Respondents, who are the owners of the property. He has filed a memo dated 25.02.2020 to that effect, which is recorded. 5.

Accordingly, the First Respondent shall dispose the representation dated 25.11.2019 made by the Petitioner taking into consideration the aforesaid submissions made by the Second to Fourth Respondents and pass orders thereon on merits and in accordance with law.

6.

Accordingly, this Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vjt/ta To The Assistant Electricity Engineer, (Operation and Maintenance)/East, TANGEDCO, Erode 9.

+1cc to Mr.I.C.Vasudevan, Advocate, S.R.No.17358 W.P.No.35708 of 2019 LN(CO) KKV/11/06/2020 https://hcservices.ecourts.gov.in/hcservices/