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Madras High CourtWP/45750/2025dismissed

Muthukrishnan v. The Executive Engineer

2025-11-26Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Muthukrishnan Petitioner(s) Vs

1. The Executive Engineer, TNGEDCO, Tamilnadu Generation, and Distribution Corporation Ltd, Dharapuram Taluk, Tiruppur District 2.The Assistant Executive Engineer, TNGEDCO, Tamilnadu Generation, and Distribution Corporation Ltd, Dharapuram East, Tiruppur District.

3.The Assistant Engineer, TNGEDCO, Tamilnadu Generation, And Distribution Corporation Ltd, Udumalpet Road, Dharapurm Taluk, Tiruppur District.

4.Dhanalakshmi Respondent(s)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the 3 rd respondent to consider petitioner's representation dated 06.12.2024 within time framed manner. For Petitioner(s):

Mr.K.Sudhakar For Respondents:

Mr.L.Jaivenkatesh for R1 to R3

ORDER

This Writ Petition has been filed seeking issuance of writ of mandamus, directing the 3 rd respondent to consider petitioner's representation dated 06.12.2024 within time framed manner.

2. The learned counsel for the petitioner would submit that the petitioner's mother is the owner of the property to an extent of 5592 Sq.ft. in T.S.Nos.503/1 and 500 thereafter, the petitioner's mother settled the property in favour of the petitioner vide settlement deed dated 12.03.2008 and electricity connection also changed in his name. A portion of land, measuring an extent of 150 Sq.ft. occupied by one Dhanalakshmi / 4 th respondent herein, who is wife of the petitioner's brother namely, Kanagavel and she resided with her father. Earlier, the petitioner's mother filed a suit in O.S.No.344 of 1999 for declaration

and permanent injunction against them and the Trial Court decreed the said suit in favour of the petitioner's mother however, rejected the permanent injunction as against the 4 th respondent / sister-in-law. While being so, the said property become unusable and the said Dhanalakshmi / 4 th respondent vacated the said property and moved somewhere else thereafter, the said Dhanalakshmi made an application for electricity connection and same was effected in her favour. Aggrieved by the same, the petitioner filed a civil suit in O.S.No.15 of 2017 on the file of the District Munsif Court, Dharapuram and the said suit was dismissed as against the Electricity Board and thereafter, the petitioner made an application for considering his request for disconnecting the electricity and the same was not considered thereby, the present writ petition is filed.

3. The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the respondents 1 to 3 to consider the petitioner's representation and pass appropriate orders.

4. However, already the petitioner filed a suit as against the electricity

Officials and the 4 th respondent in O.S.No.15 of 2017 for the very same prayer which was made in the representation and the same was rejected by the Trial Court and, without challenging the judgment and decree made in O.S.No.15 of 2017, making representation before the electricity Officials is not sustainable one.

5. Hence, the prayer sought for in this writ petition cannot be granted accordingly, this Writ Petition is dismissed however, liberty is granted to the petitioner to workout his remedy in the manner known to law. No costs. 26-11-2025 kkn Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Executive Engineer, TNGEDCO, Tamilnadu Generation, And Distribution Corporation Ltd,

Dharapuram Taluk, Tiruppur District 2.The Assistant Executive Engineer TNGEDCO, Tamilnadu Generation, And Distribution Corporation Ltd, Dharapuram East, Tiruppur District 3.The Assistant Engineer TNGEDCO, Tamilnadu Generation, And Distribution Corporation Ltd, Udumalpet Road, Dharapurm Taluk, Tiruppur District

M.DHANDAPANI J.

KKN

26-11-2025