Madras High CourtWP(MD)/12652/2017disposed of

G.Subbiah v. The Executive Engineer

2017-07-10Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12652 of 2017 and W.M.P.(MD)No.9758 of 2017 G.Subbiah ... Petitioner vs.

1. The Executive Engineer, Tamil Nadu Electricity Board (Distribution), Kovilpatti, Thoothukudi District.

2. The Assistant Executive Engineer, Tamil Nadu Electricity Board (Distribution), Naalattinputhur, Kovilpatti Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to restore the electricity supply by giving connection to service Nos.215 and 693 belonging to the petitioner.

For Petitioner : M/s.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondents : Mr.A.V.Ramanathan TNEB

O R D E R

By consent of both sides, this writ petition itself is taken up for final disposal.

2. The petitioner is having Electricity Service Connection vide Service No.215 to his residential house situated at Chithamparampatti, Kovilpatti Taluk, Thoothukudi District. It is seen that the said Service Connection is standing in his wife's name and he has been paying the monthly electricity charges without fail.

3. The learned counsel for the petitioner submitted that as one Mr.Iyyathurai and the petitioner are having previous enmity in respect of the civil suit pending between them, in the midnight at about 12.30 a.m., on 08.06.2017, some unknown persons came and cut down the electricity wires connecting his house. Immediately thereafter, a complaint was also lodged before the second https://hcservices.ecourts.gov.in/hcservices/

respondent, who, in turn, after visiting the place of incident, gave a police complaint on the file of Nalatinputhur Police Station and a case was also registered in Crime No.172 of 2017 on 18.6.2017 by the police. In spite of registration of the FIR, till date, the respondents have not come forward to give service connection to the house of the petitioner.

4. Mr.A.V.Ramanathan, standing counsel, takes notice and sought time to get instructions.

5. This Court is not inclined to give a direction to the respondents to consider the representation of the petitioner. The reason is that when it is the admitted case of the petitioner that on the complaint given by the 2nd respondent, the Inspector of Police has registered a case, which itself goes to show that the electricity service connection given to the petitioner's house has been disconnected. Therefore, it is incumbent on the part of the respondents to restore the same without any delay, keeping in mind, the plight of the petitioner. As it is not done, the 2nd respondent is directed to restore the petitioner's electricity service connection forthwith.

5. With the above direction, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Executive Engineer, Tamil Nadu Electricity Board (Distribution), Kovilpatti, Thoothukudi District.

2. The Assistant Executive Engineer, Tamil Nadu Electricity Board (Distribution), Naalattinputhur, Kovilpatti Taluk, Thoothukudi District.

MRN/RR VB/SKN/RSK/SAR2/18.07.2017/2P/3C W.P(MD)No.12652 of 2017 and W.M.P.(MD)No.9758 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/