P.Thangaraj v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) No.4703 of 2020 P.Thangaraj ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Tamil Nadu Electricity Board, Madurai District, Madurai.

2.The Assistant Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., Tamilnadu Electricity Board, Usilampatti, Madurai District.

3.The Junior Engineer (Distribution), Tamil Nadu Electricity Generation and Distribution Corporation Ltd., Tamilnadu Electricity Board, Uthappa Nayakanoor Post, Usilampatti Taluk, Madurai District.

4.Alagusurya ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents 1 to 3 from providing Electricity Connection in the name of the fourth respondent for the property assessed in Property Tax No.1535 (Door No. 9/112), Kalloothu Village Panchayat, Usilampati Taluk, Madurai District. For Petitioner :

Mr.M.Saravanakumar For R1 to R3 :

Mr.S.Deenadhayalan Standing Counsel

ORDER

The petitioner seeks the issuance of a mandamus forbearing the respondents 1 to 3 from providing Electricity Connection in the name of the fourth respondent for the property assessed in Property Tax No.1535 (Door No.9/112), Kalloothu Village Panchayat, Usilampati Taluk, Madurai District.

2. The petitioner would submit that the above property has been constructed by him under Indira Ninaivu Kudiiruppu Thittam in the year 1999 and property tax was also being paid by the petitioner in his name which is evident from the property tax receipt dated 12.03.2020. It appears that the fourth respondent has fabricated a property tax receipt as if he is the owner of the property and attempting to obtain electricity service connection.

3. The fourth respondent, though served, has not entered appearance.

4. Considering the objection given by the petitioner, the Writ Petition is allowed with a direction to the respondents 1 to 3 not to provide electricity service connection to the fourth respondent in respect of Door No.9/112,Kalloothu Village Panchayat, Usilampati Taluk, Madurai District, without considering the objection of the petitioner and after hearing both the petitioner as well as the fourth respondent, the respondents 1 to 3 shall pass appropriate orders on merits and in

accordance with law. The above exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 20.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

P.T.ASHA, J.

cp and W.M.P(MD) No.4703 of 2020 Dated: 20.03.2023