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Madras High CourtWA(MD)/1202/2015disposed of

The Tamil Nadu Generation & v. Kadhariya Oriental Nursery &

2016-01-18Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice V. Ramasubramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Appeal(MD) Nos.1202 and 1203 of 2015 against WP(MD)NOs.5126 & 6223/2015 and M.P(MD)Nos.1 and 2 of 2015 1.The Tamil Nadu Generation and Distribution Corporation Limited, Madurai Electricity Distribution Circle, represented by its Superintending Engineer, Race Course Road, Madurai 625 002.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Distribution/Subramaniapuram, Madurai District 625 002.

... Appellants/Respondents in both writ Appeals Vs.

Kadhariya Oriental Nursery and Primary School run by Mohideen Andavar Dhargah and Pallivasal and Meena Noordeen Dhargah and Pallivasal, represented through its Correspondent, A.Ali Akbar Door No.188, South Veli Street, Madurai 625 001.

... Respondent in W.A.(MD)No.1202 of 2015 Mohideen Andavar Dhargah and Pallivasal and Meena Noordeen Dhargah and Pallivasal represented through its Managers M.Kamardeen, Door No.101, 102, Chinnakadai Street, South Veli Street, Madurai 625 001.

... Respondent in W.A(MD)No.1203 of 2015 Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 31.07.2015 made in W.P.(MD)Nos.5126 and 6223 of 2015.

Prayer in WP(MD). 5126/ 2015 :

Writ Petition has been filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiroarified Mandamus, calling for records from the second respondent relating to the Impugned Order dated 27.03.2015 in reference Number Ka. No. Vo.Ma.Po./Pa./Su.Puram/Ko./A. No. 87/15 and quash the same and cosnequently direct the second respondent to effect fresh electricity service connection to the property bearing door number 188, South Veli Street, Madurai.

Prayer in WP(MD). 6223/ 2015 :

Writ Petition has been filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 2nd respondent to effect fresh electricity service connections to the shops in door number 187, South Veli Street, Madurai.

For Appellant : Mrs.S.Srimathy (in both WA's For Respondent : Mr.K.Hema Karthikeyan (In both W.As)

JUDGMENT

(Judgment of the Court was delivered by V.RAMASUBRAMANIAN ,J ) The writ appeals are settled before the Mediation Centre. The terms of settlement read as follows:

"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

The Appellant Electricity Board demanded a sum of Rs.1,12,962/- (after waiving amount of Rs.2,00,494/- with interest) and the respondents are also agreed to pay the amount as claimed by the appellant before the Mediation and the respondents have handed over the amount of Rs.1,12,962/- (Rupees One lakh twelve thousand and nine hundred and sixty two only) to the officials of the appellant and the appellant also made an endorsement for receiving the amount as full quit and final settlement regarding the claim made by the appellant. The appellant further undertakes to provide electricity connection to the respondents. Hence, the matter has been settled amicably before the Mediation Centre".

2.Therefore, the writ appeals are disposed of in terms of the settlement. No costs. Consequently, M.P(MD)Nos.1 and 2 of 2015 are closed.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

sms To 1.The Superintending Engineer,Tamil Nadu Generation and Distribution Corporation Limited, Madurai Electricity Distribution Circle, Race Course Road, Madurai 625 002.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Distribution/Subramaniapuram, Madurai District 625 002.

+2 cc to M/S.S.M.S.JOHNNY BASHA, Advocate, SR Nos.2784 & 2785 +1 cc to M/S.K.Hemakarthikeyan,Advocate, SR No.2593 Writ Appeal(MD) Nos.1202 and 1203 of 2015 and M.P(MD)Nos.1 and 2 of 2015 18.01.2016 RG.AAL-MPA/SAR-II 19.01.2016 3P.6C