A.Murugan v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.776 of 2024 A.Murugan ... Petitioner Vs.
1.The Superintending Engineer, Tirunelveli, 2.The Assistant Executive Engineer, Valliyoor, 3.The Assistant Engineer, Thisaiyanvilai, 4.Arumugam ... Respondents 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents particularly the third respondent to restore the Electricity Service Connection bearing No. 072-012-1402 as issued by the third respondent in the petitioner's property Survey No. 229/4B, Bye Pass Road, Thisaiyanvilai, Tirunelveli District forthwith. For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.S.Deenadhayalan Standing Counsel for R.1 to R.3 Mr.Aayiram K.Selvakumar for R.4
ORDER
Heard both sides.
2.The petitioner herein earlier filed W.P(MD)No.18418 of 2023. The writ petition was disposed of on 31.07.2023 in the following terms: "3.Considering that the order impugned in this writ petition is only a notice, calling upon the petitioner to produce the relevant documents, based on the representation of one Arumugam, this writ petition is 2/6
disposed of with a direction to the petitioner to appear before the third respondent on 08.08.2023 alongwith all relevant documents. The respondents shall also conduct an enquiry after providing an opportunity to this petitioner and the said Arumugam and shall take a decision within a period of four weeks from thereon. In the event, if any decision is taken, the petitioner shall put on notice and the respondent TANGEDCO shall not disconnect the electricity service connection without providing sufficient opportunity to the petitioner for a limited period of twelve weeks enabling the petitioner to work out his remedy before the appropriate authority. No costs. Consequently, connected Miscellaneous Petition is closed."
It is seen that without adhering to the direction set out in the said writ petition, the electricity service connection was disconnected. That led to the filing of this writ petition for restoration. This Court had granted interim order in favour of the petitioner and the supply has since been restored. Nothing survives for adjudication in this writ petition.
3. TANGEDCO is directed to adhere to the direction given in W.P(MD)No.18418 of 2023 and pass final order after hearing the petitioner and the private respondent. The petitioner as well as the fourth 3/6
respondent shall appear before the third respondent on 29.02.2024 at 03.00 p.m. This exercise shall be completed by TANGEDCO within a period of four weeks from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
19.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Superintending Engineer, Tirunelveli, 2.The Assistant Executive Engineer, Valliyoor, 4/6
3.The Assistant Engineer, Thisaiyanvilai, 5/6
G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)No.776 of 2024 19.02.2024 6/6