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Madras High CourtWP(MD)/11922/2022allowed

Thangaswamy P v. The Assistant Executive Engineer

2023-10-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.8472, 8473 & 8671 of 2022 P.Thangaswamy ... Petitioner Vs 1.The Assistant Executive Engineer, TANGEDCO - Distribution, Kottaram, Kanyakumari District.

2.The Junior Engineer, TANGEDCO - Distribution, Kottaram, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Letter No.E.Po/ViNi/Kottaram/Ko. Kattu/A.No.139/22 dated 18.04.2022 on the file of the second respondent and quash the same as illegal and consequently forbear the respondents 1 and 2 from disconnecting the electricity for the petitioner's house in ReS.No.98/3 of 1/4

Agastheeswaram Village, Agastheeswaram Taluk, Kanyakumari District within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.S.Dheenadhayalan Standing Counsel

ORDER

Heard both sides.

2. The impugned communication is set aside for the sole reason that it was issued in the name of the deceased person Parameswaran. It is open to the second respondent to issue notices to all the occupants and after hearing them pass order afresh on merits and in accordance with law.

3. With this liberty to the respondents, this writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

03.10.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Assistant Executive Engineer, TANGEDCO - Distribution, Kottaram, Kanyakumari District.

2.The Junior Engineer, TANGEDCO - Distribution, Kottaram, Kanyakumari District.

3/4

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.8472, 8473 & 8671 of 2022 03.10.2023 4/4