Periyya.A v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Periyya ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Electricity Board, Thiruppathur, Sivagangai District.

2.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Puzhuthipatti, Thiruppathur, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and take action on the petitioner's representation dated 11.12.2023, seeking disconnection of electricity service Connection No. 251 given in individual name on the basis of bogus consent letter in respect of land in Survey No.186/1 E and Patta No.2345 to an extend of 0.14.50 Ares in Tharmapatti Village and group, Singampunari Taluk, Sivagangai District.

For Petitioner : Ms.M.Sudharani For Respondents : Mr.S.Deenadhayalan Standing Counsel 1/4

ORDER

This is the personal interest Writ Petition filed by the petitioner, requiring the respondents to consider the petitioner's representation dated 11.12.2023, to disconnect service connection No.251, given in individual name on the basis of bogus consent letter in respect of land in Survey No.186/1 E and patta no.2345 to an extend of 0.14.50 Ares in Tharmapatti Village, Singampunari Taluk, Sivagangai District. 2.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondents and carefully perused the entire materials available on record. 3.The learned counsel appearing for the petitioner submitted that the land belonging to the joint family and originally the petitioner's father Alagu was the owner of the said property.

On his death, the said property devolved upon the legal heirs including the petitioner and five others. The petitioner is one among them and the patta also stand jointly in the name of legal heirs of Alagu. Suppressing the facts, the petitioner's brother one Rasu managed to get electricity service connection No.251, in his individual name. Since the same was obtained by him, suppressing the fact that the other legal heirs have not given any consent, the petitioner has made a representation dated 11.12.

electricity connection. However, the same was not considered. Hence, this Writ Petition is filed.

4.When the matter was came up for hearing, the learned Standing Counsel appearing for the respondents on instructions submitted that the Board cannot take a final call due to the civil dispute prevailing between the petitioner and and his brothers.

5.In view of the above, this Writ Petition is dismissed. The petitioner is directed to seek suitable remedy before the civil Court. There shall be no order as to costs.

28.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The Executive Engineer, Tamil Nadu Electricity Board, Thiruppathur, Sivagangai District.

2.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Puzhuthipatti, Thiruppathur, Sivagangai District.

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L.VICTORIA GOWRI, J.

Mrn 28.11.2024 4/4