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Madras High CourtWP(MD)/959/2021disposed of

Abdul Haji v. The Superintendent Engineer

2023-10-10Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.959 of 2021 Abdul Haji

...Petitioner

/Vs./ 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Trichy District, Trichy.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Trichy District.

3.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Siruganur, Trichy District.

4.Periyasamy .

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent not to give electricity service connection to the 4th respondent in Survey No.499/4 of Sanamangalam Village, Manachanallur Taluka, Trichy District by considering the petitioner's representation dated 04.09.2020 within the period as stipulated by this Court. 1/4

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.S.Dheenadhayalan (R1 to R3) Standing Counsel Mr.C.M.Arumuggam (R4)

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the third respondent not to give electricity service connection to the fourth respondent with respect to subject property, by considering the petitioner's representation dated 04.09.2020.

2. When the matter was taken up for hearing, the learned standing counsel appearing for the respondents 1 to 3 submitted that electricity connection has already been given to the fourth respondent, by taking into account the patta standing in the name of the fourth respondent, on 21.01.2021.

3. In view of the above, the relief sought for in this writ petition does not survive. The mere grant of electricity connection in favour of the fourth respondent does not create any separate right in favour of the fourth respondent and the interse dispute between the petitioner and the fourth respondent shall be 2/4

dealt with individually without any reference to the service connection that has been given to the fourth respondent.

4. This writ petition is disposed in the above terms. No costs. 10.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 3/4

N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.959 of 2021 Dated:

10.10.2023 4/4