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Madras High CourtWP(MD)/13275/2012closed

Balusamy, v. The Superintendent Engineer,

2021-04-22Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.13275 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.13275 of 2012 (Through Video Conferencing) Balusamy ... Petitioner Vs.

1.The Superintending Engineer, Tamilnadu Generation and Distribution corporation Limited, (TANGEDCO) Theni Electricity Distribution Circle, Theni District.

2.The Assistant Executive Engineer (Distribution) Tamilnadu Electricity Board, (TANGEDCO) Periyakulam, Theni District.

3.The Joint Electrical Engineer, Jeyamangalam Distribution Circle, TNEB, Jeyamangalam, Theni District.

4.Anburaj ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to provide the electricity connection to the petitioner's building bearing door no.87A Mariamman Kovil street in Erumalainayakkanpatti Village in Jeyamangalam in Periyakulam Taluk in Theni District.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Ms.J. Rajeshwar for M.Johny Basha for R1 to R3 Mr.M.Saravanan for R4

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to provide electricity service connection to the property belonging to the petitioner.

2. It is brought to the notice of this Court that the petitioner also filed a suit for the very same relief and by virtue https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13275 of 2012 of an interim order, the electricity service connection was also given to the property by the department. The fourth respondent had also filed a counter claim in the said suit seeking for disconnection of the electricity service connection. The suit was dismissed and the counter claim was allowed and pursuant to the same, the petitioner has also filed an appeal in A.S.No.66/2021 before the Sub Court, Periyakulam.

3. In view of the above development, no further orders can be passed in the present writ petition. Accordingly, the writ petition is closed. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) / True Copy/ / /2021 Sub Assistant Registrar(CS) RR Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintending Engineer, Tamilnadu Generation and Distribution corporation Limited, (TANGEDCO) Theni Electricity Distribution Circle, Theni District.

2.The Assistant Executive Engineer (Distribution) Tamilnadu Electricity Board, (TANGEDCO) Periyakulam,Theni District.

3.The Joint Electrical Engineer, Jeyamangalam Distribution Circle, TNEB, Jeyamangalam,Theni District.

+1 CC to M/s.R.SUBRAMANIAN, Advocate (SR-17312[F] dated 23/04/2021 ) W.P.(MD)No.13275 of 2012 22.04.2021 SSI (06.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2