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Madras High CourtWP(MD)/17906/2013allowed

B.P.Muthukrishnan, v. The Executive Engineer,

2022-09-20Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 B.P.Muthukrishnan ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Kallidaikurichi, Tirunelveli District.

2.The Assistant Executive Engineer, TANGEDCO, Gopalasamudram, Ambasamudram Taluk, Tirunelveli District.

3.The Assistant Electrical Engineer, TANGEDCO, Gopalasamudram, Ambasamudram Taluk, Tirunelveli District.

4.B.P.Chockalingam ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, calling for the records relating to the impugned order passed by the third respondent, dated 22.10.2013 in f.vz;.c.ngh./tp/Nfhgh/Nfh.fl;L/m.308/2013, dated 22.10.2013 and quash the same.

For Petitioner : M/s.N.Dilip Kumar For R-1 to R-3 : M/s.S.Deenadhayalan Standing Counsel For R-4 : Mr.Gowrishankar

ORDER

The present Writ Petition has been filed challenging an order passed by the second respondent herein, under which, the electricity service connection standing in the name of the writ petitioner was cancelled and it was restored in the name of the writ petitioner's father.

2. According to the learned Counsel for the petitioner, the property was settled in his favour by his mother. However, the fourth respondent being his brother had objected to the same and filed an objection letter before the second respondent herein for cancelling the electricity service connection standing in the name of the writ petitioner. Based upon the said complaint, the second respondent has passed an order restoring the 2/5

service connection in the name of the writ petitioner's father. Hence, the present writ petition.

3. Pending writ petition, the petitioner as well as the fourth respondent herein have filed a joint affidavit to the effect that fourth respondent does not have any objection whatsoever, for the electricity service connection to stand in the name of the writ petitioner. The said affidavit is taken on record. In view of the joint affidavit, the order impugned in the writ petition is set aside. The second respondent is directed to restore the name of the writ petitioner for the electricity service connection. The learned Counsel for the fourth respondent submits that the parties have settled the matter.

4. With the above said observations, the writ petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

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Index :

Yes / No Internet :

Yes / No btr To 1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Kallidaikurichi, Tirunelveli District.

2.The Assistant Executive Engineer, TANGEDCO, Gopalasamudram, Ambasamudram Taluk, Tirunelveli District.

3.The Assistant Electrical Engineer, TANGEDCO, Gopalasamudram, Ambasamudram Taluk, Tirunelveli District.

4/5

R.

VIJAYAKUMAR , J.

btr Order made in 20.09.2022 5/5