Dhakshanamoorthi M v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.3761 of 2022 and WMP(MD) No.3274 of 2022 Dhakshanamoorthi M ... Petitioner Vs 1.The Executive Engineer, TANGEDCO, Keeranur, Pudukkottai District.

2.The Junior Electrical Engineer, TANGEDCO, Viralamalai(South), Pudukkottai District.

3.P.Sivapackiam 4.M. Muthukrishinan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents not to provide an electricity connection in the name of the 3rd respondent for the land in survey number 21/3A2, situated at Theravur Village, Viralimalai Taluk, Pudukkottai District based on her invalid sale deed dated 12.05.2014 registered as document No.1002/2014.

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For Petitioner : No appearance For R1 & R2 : Mr.S.Deenadayalan Standing Counsel For R3 & R4 : Mr.G.Sridharan

O R D E R

The petitioner has approached the respondent/TANGEDCO with an application not to effect electricity service connection to the third respondent.

2.The case of the petitioner is that the third respondent has purchased the subject property from the fourth respondent, who is the brother of this petitioner. According to the petitioner, the subject property is a joint family property. Since there is a dispute over the property, a civil suit in O.S.No.138 of 2002 has also been instituted by one of his sister and the same is pending before the Subordinate Court, Pudukkottai. Hence, the sale deed executed by the fourth respondent in favour of the third respondent is not valid. However, the third respondent is attempting to obtain an electricity service connection from the respondent TANGEDCO by placing the invalid sale deed.

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3.The learned Standing Counsel appearing for the official respondents on instructions which he has received from the Assistant Engineer, South Viralimalai submits that based on the application submitted by the third respondent, they have already visited the place for effecting electricity service connection and found that there was no bore well and hence they have not effected service connection to the third respondent.

4.Recording the submission made by the learned Standing Counsel, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. 07.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The Executive Engineer, TANGEDCO, Keeranur, Pudukkottai District.

2.The Junior Electrical Engineer, TANGEDCO, Viralamalai(South), Pudukkottai District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.3761 of 2022 and WMP(MD) No.3274 of 2022 07.09.2023 5/5