Madras High CourtWMP(MD)/4782/2020allowed

S. Annal v. District Forest Officer

2020-03-17Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Tuesday, the Seventeenth day of March Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice C.V.KARTHIKEYAN in WP(MD).No.18142 of 2013 S. Annal

...Petitioner

Vs 1 District Forest Officer, Tirunelveli, Tirunelveli. 2 The Chairman, Tamilnadu Elecricity Board, 144 Anna Salai, Madras-2 3 The Superintending Engineer, TNEB, Tirunelveli, Tirunelveli 4 The Chief Engineer, TNEB, Radhapuram, Tirunelveli. 5 The Junior Engineer, Distribution TANGEDCO, Radhapuram, Tirunelveli

...Respondents/Respondents

Prayer in WMP(MD). No.4782 of 2020 :- Writ Miscellaneous Petition filed Under Article 226 of the Constitution of India, praying this Court to Set aside the dismissal for default order dated 18.11.2018 passed by this Court in W.P(MD) No.18142 of 2013 due to non appearance an the side of the Writ Petitioner and thereby restore the said Writ Petition on the file of this Court.

Prayer in WP(MD).No.18142 of 2013 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 5th respondents and quash the impugned notice dated 23/10/2013 vide No.Ka.Na.Ume Po/vi/Radhapuram/Ka.Thani/A.No.202/13 issued by the 5th respondent as illegal and consequentially direct the respondents not to take coercive steps like closure or disconnecting the Electricity connection 38 HP 30 KW vide Account in S.No.626/E6/164 and the present Service connection of the concern in S.C.No.07-065-001-1541 in respect of petitioner's saw mill concern named "Santha Cruz Saw 1/3

Mill" situated at door no.31/1A, Survey No.199/1C3, Vadakankulam Road, Radhapuram, Thirunelveli District 627 111, till the petitioner's application for license is considered by the 1st respondent/State Level empowered committee.

ORDER:- Writ Miscellaneous Petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.Suresh, Advocate for the Petitioner and of Mrs.J.Padmavathidevi, Special Government Pleader, on Behalf of the 1st Respondent and of Mr.G.Kasinatha Durai, Advocate For the Respondents No.2 to 5, this Court made the following order:

Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and WP(MD). No.18142 of 2013 is restored accordingly.

List the said Writ Petition for hearing on 17.04.2020. Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The District Forest Officer, Tirunelveli, Tirunelveli. 2 The Chairman, Tamilnadu Elecricity Board, 144 Anna Salai, Madras-2 3 The Superintending Engineer, TNEB, Tirunelveli, Tirunelveli 4 The Chief Engineer, TNEB, Radhapuram, Tirunelveli. 5 The Junior Engineer, Distribution TANGEDCO, Radhapuram Tirunelveli Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai +1CC TO MR.SURESH, Advocate Sr. No. 12591 2/3

ORDER DATED : 17/03/2020 HEARING DATED : 17.04.2020 ========================== RESTORED ========================== in WP(MD).No.18142 of 2013 Giving direction and etc.

as stated within.

NS(CO) TR(20.03.2020) 3P 8C 3/3