Ramadurai M v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)Nos.5010 and 5011 of 2023 1.M.Ramadurai 2.M.Gunasekaran ... Petitioners vs.

1.The Executive Engineer, Operation and Maintenance, TANGEDCO (TNEB), Srirangam, Trichy.

2.The Assistant Engineer, Operation and Maintenance, TANGEDCO (TNEB), Srirangam, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records proceedings in Ka.No.Vu/Mi/Po/Ee.Ka./Srirangam/A.No.54/2022, dated 28.02.2023 on the file of the second respondent herein and to quash the same. 1/5

For Petitioners :Mr.V.Ilanchezian For Respondents :Mr.S.Deena Dhayalan *****

O R D E R

The Writ Petition has been filed in the nature of Certiorari seeking interference with an order, dated 28.02.2023 passed by the second respondent.

2.Heard Mr.V.Ilanchezian, learned Counsel for the petitioners and Mr.S.Deenadhayalan, learned Counsel for the respondents. 3.In the affidavit filed in support of this Writ Petition, it had been stated that the petitioners had been granted a temporary electricity connection during the construction of the house. However, when the second respondent had inspected the property, they found that there was nobody living in that house and therefore, the notice had been issued seeking disconnection.

4.An affidavit had been filed by the petitioners that they would complete the construction within a period of 3-4 months. In the said 2/5

affidavit, it had been stated as follows:

"5.I humbly submit that the contractors who are doing the said construction works, requested another 3 to 4 months' time, for the completion of the entire pending works. That apart, I have requested the contractor to get more manpower, thereby to complete the work at the earliest, not exceeding 3 months. For the same the electricity service connection is most necessary. We sincerely pray this Hon'ble Court to record this undertaking and to pass suitable orders.

6.I humbly submit that in the interest of justice, we pray that it is just and necessary to grant 3 months' time from the date of order of this Hon'ble Court for the completion of construction work. If the said time is not granted, we would be put to irreparable loss and hardship and the same cannot be compensated in any manner and whatsoever, per contra allowing this petition does not in any way prejudice the respondents."

5.In view of the same, let the temporary connection continue for a period of four months from today and thereafter, inspection may be made and bills can be raised against the petitioners herein. 6.No further orders are required.

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7.The Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Index :Yes / No 30.03.2023 Internet :Yes NCC : Yes/No cmr 4/5

C.V.KARTHIKEYAN, J.

cmr Order made in 30.03.2023 5/5