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Madras High CourtWP(MD)/7931/2025dismissed

Palanichamy v. The Electrical Engineer

2025-03-21Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Palanichamy : Petitioner Vs.

1. The Electrical Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TNEB EE TLC Office, Mannarpuram, Trichy - 20.

2. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TNEB EE TLC Office, Mannarpuram, Trichy - 20.

3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Tiruchirappalli Sub E.B. Office, Manikandam, Trichy - 12.

4. Kabiriyel : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to disconnect the electricity service connection provided by them to the fourth respondent in service connection SC.No.06229001151 in Survey 1/5

No.70/2 situated in Sethurapatti Village, Srirangam Taluk, Trichy District and consequently direct the fourth respondent to approach the pending suit in O.S.No.119 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Srirangam for any reliefs within the specified time frame.

For Petitioner : Mr.I.Velpradeep For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 to R3

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus, directing the third respondent to disconnect the electricity service connection provided to the fourth respondent in SC.No. 06229001151 in Survey No.70/2 situated in Sethurapatti Village, Srirangam Taluk, Trichy District and consequently, to direct the fourth respondent to approach the pending suit in O.S.No.119 of 2024, on the file of the District Munsif cum Judicial Magistrate Court, Srirangam.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

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3. When the matter was taken up for hearing today, the learned Standing Counsel, appearing on behalf of the respondents 1 to 3, on instructions, submitted that the petitioner and the fourth respondent are claiming a right over the subject property for which they have sought disconnection of electricity service connection. In this regard, a civil suit seeking the same relief as prayed for in this writ petition is currently pending before the competent civil court.

4. Recording the above submission, this Writ Petition is closed granting liberty to the petitioner to pursue the civil suit before the concerned civil Court. There shall be no order as to costs. 21.03.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The Electrical Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TNEB EE TLC Office, Mannarpuram, Trichy - 20.

2. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TNEB EE TLC Office, Mannarpuram, Trichy - 20.

3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Tiruchirappalli Sub E.B. Office, Manikandam, Trichy - 12.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7931 of 2025 21.03.2025 5/5