Vellaiyammal v. The District Superintendent Of Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.7686 of 2025 Vellaiyammal : Petitioner Vs.
1. The District Superintendent of Engineer, Tamilnadu Generation and Distribution Corporation Limited, Madurai.
2. The Executive Engineer (Electricity), Tamilnadu Generation and Distribution Corporation Limited, Samayanallur, Madurai.
3. The Assistant Executive Engineer (Electricity), Tamilnadu Generation and Distribution Corporation Limited, Samayanallur, Madurai.
4. The Assistant Engineer (Distribution), Tamilnadu Power Distribution Corporation Limited, Alanganallur, Madurai.
: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining 1/6
to the impugned letter communication in Ka. No. VuMiPo/Pa/Alangai/VaAa/Ko.Pugar/A.No.090/25, dated 18.03.2025, issued by the fourth respondent and quash the same as illegal. For Petitioner : Mr. R.Senthil Kumar For Respondents : Mr.S.Deenadhayalan Standing Counsel
O R D E R
The present writ petition has been filed challenging the letter communication dated 18.03.2025, issued by the fourth respondent.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner would submit that, following the demise of her son, the petitioner, along with her daughterin-law and grandchildren, has been residing in the property situated in Survey No.399/21, Door No.6/32, Meyyappanpatti Kallanai Utkadai, Vadipatti Taluk, Madurai District, for more than 40 years. She has also been regularly paying the electricity charges pertaining to E.B. Service 2/6
No.166-015-783.
4. The learned counsel would further submit that one Karuppasamy filed a suit against the petitioner in O.S. No.98 of 2017, which was decreed against her by the District Munsif Court, Vadipatti. An appeal preferred against the said decree was dismissed, and the first appellate court confirmed the decree of the trial court. Aggrieved by the said judgment, the petitioner has filed a Second Appeal before this Court in S.A.(MD) No.SR.19309 of 2025, which is currently pending.
5. The grievance of the petitioner is that, during the pendency of the Second Appeal, at the instigation of one Vijaya, the wife of the said Karuppasamy, the fourth respondent issued the impugned communication regarding disconnection of electricity service. Challenging the same, the present writ petition has been filed by the petitioner.
6. The learned Standing Counsel appearing on behalf of the respondents would submit that the letter communication sent to the 3/6
petitioner is for the purpose of seeking explanation with regard to the appeal filed by the petitioner and if the petitioner provides the explanation, the same will be duly considered by the respondents and shall pass appropriate orders in accordance with law.
7. Having considered the submissions of both parties and taking note of the fact that the second appeal is pending before this Court, the respondents shall maintain the status quo with respect to the subject property for a period of three months. Meanwhile, the petitioner shall pursue the pending second appeal concerning the title to the subject property.
8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
21.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The District Superintendent of Engineer, Tamilnadu Generation and Distribution Corporation Limited, Madurai.
2. The Executive Engineer (Electricity), Tamilnadu Generation and Distribution Corporation Limited, Samayanallur, Madurai.
3. The Assistant Executive Engineer (Electricity), Tamilnadu Generation and Distribution Corporation Limited, Samayanallur, Madurai.
4. The Assistant Engineer (Distribution), Tamilnadu Power Distribution Corporation Limited, Alanganallur, Madurai.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.10305 of 2025 21.04.2025 6/6