Madras High CourtWP(MD)/645/2023allowed

Joshua George v. The Commissioner

2023-01-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Joshua George through his power agent Agnes George ... Petitioner Vs.

1.The Commissioner, Thanjavur Corporation, Thanjavur District.

2.The Executive Engineer, TANGEDCO, O&M/Thanjavur, No.1, Vallam Road, Thanjavur-613 007.

3.The Assistant Engineer, TANGEDCO, O&M/Thanjavur, No.1, Vallam Road, Thanjavur 613 007.

4.Varadarajan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second and third respondents to disconnect electricity connection bearing Nos.06-474-018-002, 06-474-018-003, 06-474-018-004 and 06-474-018-270 of the petitioner's building situated in bearing Old S.No.205 and New S.No.205/4 situated in 1/4

Ward No.8 Block No.8, in Medical College Road, in Thanjavur and consequently direct the first respondent to implement his order bearing Na.Ka.No.10531/2022/MCF3 dated 23.12.2022 within a reasonable time as fixed by this Court.

For Petitioner : Mr.K.Samidurai For Respondents : Mr.N.Dilipkumar (for R1) Standing Counsel Mr.K.Nagarajan Standing Counsel (for R2 & R3)

ORDER

Heard the learned counsel on either side.

2. The first respondent corporation wanted to demolish the petitioner mentioned building. It was in occupation of the fourth respondent herein. The corporation had called upon the TANGEDCO to effect disconnection of the supply of electricity. Seeking implementation of the aforesaid orders, the present writ petition has been filed.

3. In the meanwhile, the fourth respondent has challenged the demolition order by filing a petition in W.P(MD).No.159 of 2023. The said writ petition has since been withdrawn. Therefore, there cannot be any impediment for allowing the present writ petition. TANGEDCO is directed to disconnect the 2/4

supply of electricity to the petition mentioned building. The first respondent is directed to demolish the structure. Ofcourse, the petitioner herein shall bear the cost for demolition.

4. The Writ Petition is allowed on these terms. No costs. 24.01.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The Commissioner, Thanjavur Corporation, Thanjavur District.

2.The Executive Engineer, TANGEDCO, O&M/Thanjavur, No.1, Vallam Road, Thanjavur-613 007.

3.The Assistant Engineer, TANGEDCO, O&M/Thanjavur, No.1, Vallam Road, Thanjavur 613 007.

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G.R.SWAMINATHAN, J., Rmk 24.01.2023 4/4