Mohammed Yasin, v. The Assitant Executive

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24471 2018 and W.M.P.(MD)No.22184 of 2018 Mohammed Yasin ... Petitioner Vs.

1.The Assistant Executive Engineer, TANGEDCO, Peraiyur, Madurai District.

2.Mohammed Abbas ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to direct the first respondent to provide electricity supply to the petitioner's property bearing Door No.1-1-92D comprised in S/No.93/4B, Usilampatti Main Road, Peraiyur Town Panchayat, Madurai without reference to the pendency of the writ petition in W.P.(MD)No.9416 of 2018.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 : Mr.S.M.S.Johny Basha For R2 : Mr.J.Lawrance

ORDER

Heard the learned counsel on either side.

2.The writ petitioner seeks providing of electricity supply to the petition mentioned property. The first respondent has declined to provide such connection citing the pendency of W.P.(MD)No.9416 of 2018 filed by the second respondent herein. 3.It is not in dispute that no interim order has been granted in the said writ petition forbearing the TANGEDCO authority from granting electricity service connection to the writ petitioner. 4.The property in question is standing in the name of the writ petitioner. However, the second respondent is making a claim thereon. By granting electricity service connection, the property value will not go down. It will only enhance. Therefore, this https://hcservices.ecourts.gov.in/hcservices/

Court directs the first respondent to grant electricity service connection to the petition mentioned property. The rights of the second respondent will not be infringed in any way. If the writ petitioner has fulfilled all the statutory formalities, the first respondent is directed to provide electricity supply to the petition mentioned property forthwith and without any delay. The writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Rmi TO:

1.The Assistant Executive Engineer, TANGEDCO, Peraiyur, Madurai District.

+1CC TO MR.G.PRABHU RAJADURAI, Advocate Sr. No.62019 W.P.(MD)No.24471 2018 and W.M.P.(MD)No.22184 of 2018 23.04.2019 sar(CO) TR (10.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/