Mariyarathinam v. Murugaperumal

Cont. P(MD)No.747 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.747 of 2022 in W.P.(MD)No.2848 of 2022 Mariyarathinam ... Petitioner/Petitioner Vs.

Murugaperumal, The Assistant Engineer (Distribution) TANGEDCO, Tuticorin (Rural) North, Tuticorin District.

... Contemnor/Respondent NO.2 Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor / respondent No.2 for willfully disobeying the order passed in W.P.(MD)No.2848 of 2022, dated 11.02.2022.

Prayer in WP(MD). 2848 OF 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS to direct the respondents 1 to 3 to consider the petitioners representation dated 20.12.2021 and pass such further or other suitable orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner :Mr.S.Muthumalai Raja For Respondent :Mr.S.Deenadhayalan Standing Counsel

O R D E R

Alleging that the direction given by this Court in W.P.(MD) No.2848 of 2022 has not been complied with, the contempt petition came to be filed.

2. Vide order dated 11.02.2022, a learned Judge had directed as follows:- "7.After hearing the submission made by the respective counsels and after perusing and examining the contents of the affidavit filed in support of this writ petition, this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P(MD)No.747 of 2022 directs the second respondent to strictly comply with all the statutory requirements before granting any electricity service connection to the fourth respondent for the property at Door No.11/184, T.Saveriapuram, Melur Post, Thoothukudi Taluk, Thoothukudi District. If need be, the second respondent can also hear the petitioner before granting electricity service connection to the fourth respondent."

3. The learned Standing Counsel states that this direction has been scrupulously complied with. The fourth respondent in the writ petition is occupying the premises in question. According to the petitioner, it is a church property.

4. In any event, a suit is pending in this regard. The parties will have to necessarily abide by the outcome of the suit. The respondent cannot be faulted for having granted electricity connection.

5. The Contempt Petition stands closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // /07/2022 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO Murugaperumal, The Assistant Engineer (Distribution) TANGEDCO, Tuticorin (Rural) North, Tuticorin District.

+1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-26713[F] dated 20/06/2022 ) ORDER MADE IN Cont. P(MD)No.747 of 2022 in W.P.(MD)No.2848 of 2022 17.06.2022 https://hcservices.ecourts.gov.in/hcservices/ NSN(CO)GC(06.07.2022) 2P 3C 2/2