M.Madhaiya v. The Superintending Engineer

2024:MHC:2415 W.P.No.34904 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.34904 of 2023 and W.M.P.No.34895 of 2023 M.Madhaiya .. Petitioner vs 1.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, 949, EVN Road, Erode - 638 009.

2.The Assistant Executive Engineer, TANGEDCO, Operations and Maintenance, Anna Nagar, Thalavady, Erode District - 638 461 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to restore the supply of electricity to my house bearing electricity connection No. SC404. For Petitioner :

Mr.G.Murugendran For Respondents :

Mr.S.Kalaiselvan Standing Counsel

ORDER

The petitioner seeks a mandamus directing the Assistant Executive Engineer / R2 to restore supply of electricity to his residence. He claims to be owner of the property ad-measuring 1.650 acres in Survey No. 330/1 and patta no.298, Door No.149. He was enjoying the benefit of electricity connection in SC No. 404.

https://www.mhc.tn.gov.in/judis 1/2

W.P.No.34904 of 2023 DR. ANITA SUMANTH,J.

2.

While so, on 09.11.2019, according to the respondents, an elephant had been electrocuted by the electric fencing put up by the petitioner around his property. An FIR was registered in Crime No. 46 of 2019 and is stated to be pending.

3.

It is on account of the unfortunate circumstances that, electricity supply has been terminated from 2019 and in such circumstances, the Court is of the view that no mandamus can be issued as sought for. It is for the petitioner to make a suitable representation / application before the authorities to be considered in accordance with law. 4.

Writ petition stands dismissed in terms of this order. No costs. Connected miscellaneous petition is closed. 25.06.2024 Index:Yes/No ssm To 1.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, 949, EVN Road, Erode - 638 009.

2.The Assistant Executive Engineer, TANGEDCO, Operations and Maintenance, Anna Nagar, Thalavady, Erode District - 638 461 W.P.No.34904 of 2023 https://www.mhc.tn.gov.in/judis 2/2