Madras High CourtWP(MD)/9464/2021disposed of

Jason Kennedy v. The Executive Engineer (Operation And Maintenance)

2023-08-24Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Jason Kennedy ... Petitioner Vs.

1.The Executive Engineer (Operation and Maintenance), TANGEDCO, Trichy East, Manarpuram, Trichy-20.

2.The Assistant Executive Engineering (Operation and Maintenance), TANGEDCO, Ariyamangalam, Trichy-16.

3.The Junior Engineer (Operation and Maintenance), TANGEDCO, Ariyamangalam, Trichy-16.

4.Valarmathy 5.N.Amutha 6.K.Aarthy 7.N.Yogambal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of 3rd respondent in A.No.355/19-20 1/5

dated 23.03.2020 and to quash the same as illegal and consequentially, to direct 3rd respondent to remove the electricity post and meter box from the property of the petitioner situated in S.F.No.250/2A ID, Ariyamangalam Village. For Petitioner : Mr.S.Rajasekar for M/s.Lajapathi Roy and Associates For R1 to 3 : Mr.S.Deenadhayalan For R4 : Mr.B.Jameel Arasu For R5 and 6 : Mr.M.Ponniah For R7 : No appearance

ORDER

This writ petition has been filed for Writ of Certiorarified Mandamus, to quash the impugned order dated 23.03.2020 of 3rd respondent and consequentially to direct 3rd respondent to remove the electricity post and meter box from the property of the petitioner situated in S.F.No.250/2A ID, Ariyamangalam Village.

2. The electricity connection stands in the name of the respondents 5 and 6 and they are in enjoyment of the service connection. Admittedly, the petitioner and the respondents 4 to 7 have filed suit for partition and the same is pending. In such circumstances, the petitioner has approached the official respondents to disconnect the electricity connection and through the impugned 2/5

order the official respondents have declined to disconnect the electricity connection. The relevant portion of the order is extracted hereunder: 3.The respondents have rightly stated that since civil suits are pending between the parties, the official respondents are not having any power to disconnect the electricity connection. However, it is made clear that the service connection granted to disputed site will not confer any title or right over the property to the respondents 5 and 6. The rights of the parties will be determined after the disposal of the suits, until then the service connection granted to the respondents 5 and 6 shall continue. 3/5

4. With the above said observation, the writ petition is disposed of. No costs.

24.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg 4/5

S.SRIMATHY, J.

Tmg 24.08.2023 5/5