Sivakumar.S v. The Superintendent Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7292 of 2024 S.Sivakumar ... Petitioner Vs.

1.The Superintendent Engineer, TANGEDCO, O/o. the Superintendent Engineer, K. Pudur, Metro, Madurai.

2.The Executive Engineer, TANGEDCO, O/o. the Executive Engineer, Madurai North, Madurai.

3.The Assistant Engineer, TANGEDCO, O/o. the Assistant Engineer, Ismail Nagar 1st Street, Parasurampatti, Madurai.

4.V.Parimala Gandhi 5.Mannar @ Karuppaiah, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, calling for the records relating with the impugned order of the respondent No.3 to restore the electricity 1/4

connection No. 05 017013472 to the petitioner's land in Survey No.398/3 in Thiruppalai, Naganakulam Village and in consequence taken criminal action against the respondent No.4 and respondent No.5 for cut the EB Connection without any authority.

For Petitioner : Mr.K.Vijayanad For Respondents : Mr.S.Deenadhayalan, Standing Counsel for R1 to R3.

Mr.C.Senthil Murugan for R4 & R5.

ORDER

Heard the learned counsel on either side.

2.It is not in dispute that the petitioner was enjoying the petition mentioned electricity service connection. The petitioner alleges that the private respondents unlawfully cut it off. The private respondents claim that the connection was cut off on account of some other factor and that they are not to be blamed.

3.Therefore, the private respondents cannot have any objection for the present for restoration of the electricity service connection. Of course, the learned counsel for the private respondents would strongly assert that the 2/4

electricity line is running over their patta lands and that therefore, it cannot be restored.

4.I grant liberty to the private respondents to seek disconnection of the electricity supply. They can very well submit a petition before the third respondent and if it is submitted, it shall be considered on its own merits and in accordance with law. Final order will be passed after hearing the petitioner. In the meanwhile, the petition mentioned service connection has to be necessarily restored. It shall be restored immediately.

5.The writ petition is allowed accordingly. No costs. 05.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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