Madras High CourtWP(MD)/7073/2020closed

S.Karpagavalli v. The Executive Engineer(Distribution)

2023-03-24Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.6512 of 2020 S.Karpagavalli .. Petitioner Vs.

1.The Executive Engineer (Distribution), Rajapalayam Town, Virudhunagar District.

2.The Assistant Executive Engineer, Seithur, Rajapalayam Taluk, Virudhunagar District.

3.The Assistant Engineer (G), Rural/TANGEDCO, Thalavaipuram, Virudhunagar District.

4.R.Seethalakshmi .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing respondents 1 to 3

herein, their men, agents, servants or anybody claiming any right through them from in any manner disconnecting the petitioner's residential house E.B. Service Connection No.293-005-3054, Kottai Madasamy Kovil Street, North Devadhanam, Rajapalayam Taluk, Virudhunagar District till the disposal of civil suit in O.S.No.408/19 pending disposal on the file of the Principal District Munsif's Court, Rajapalayam. For Petitioner :

Mr.M.Thirunavukkarasu For RR1 to 3 :

Mr.S.Deenadhayalan Standing Counsel For R4 :

Mr.R.Niresh Kumar

ORDER

This writ petition is filed to issue a Writ of Mandamus forbearing respondents 1 to 3 from disconnecting the petitioner's residential house E.B. service connection bearing No.293-005-3054, Kottai Madasamy Kovil Street, North Devadhanam, Rajapalayam Taluk, Virudhunagar District, till the disposal of O.S.No.408 of 2019 pending on the file of the Principal District Munsif's Court, Rajapalayam.

2. It is informed by the learned Standing Counsel appearing for the Electricity Board that re-connection has already been granted, after the

filing of this writ petition, which is not disputed by the learned counsel for the petitioner.

3. It appears that there is civil suit pending in respect of the property. Therefore, the parties are at liberty to workout their remedy in the civil suit.

4. In view of the above, no further adjudication is required in this writ petition. Accordingly, this Writ Petition is closed. It is made clear that the re-connection shall be subject to the result of the suit. No costs. Consequently, connected miscellaneous petition is also closed. 24.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Executive Engineer (Distribution), Rajapalayam Town, Virudhunagar District.

P.T.ASHA, J.

abr 2.The Assistant Executive Engineer, Seithur, Rajapalayam Taluk, Virudhunagar District.

3.The Assistant Engineer (G), Rural/TANGEDCO, Thalavaipuram, Virudhunagar District.

Dated: 24.03.2023