Madras High CourtWP(MD)/12664/2024allowed

N.Jano Ravel v. The Superintendent Engineer,

2024-06-28Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.12664 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12664 of 2024 AND W.M.P.(MD)Nos.11267 & 11270 of 2024 N.Jano Ravel ... Petitioner Vs.

1. The Superintendent Engineer, TANGEDCO, Ettayapuram Road, Tuticorin District.

2. The Executive Engineer, TANGEDCO, Tuticorin District.

3. Metilda Ravel ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the electricity transfer connection order nil issued by the second respondent in the name of the third respondent and consequent issue of receipt in C.No.4350627 dated 10.04.2024 for SC No.07-344-031-17 and quash the same as illegal and consequently restore SC No.07-344-031-17 to the name of Ravel as it originally was. For Petitioner : Mr.K.Prabhakar For R-1 & R-2 : Mr.S.Deenadhayalan, Standing counsel.

* * * 1/4

2 W.P.(MD)NO.12664 OF 2024

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for TANGEDCO.

2. Though the third respondent has been served, she has not chosen to enter appearance. Her name is also printed in the cause list.

3. The petition mentioned electricity service connection stood in the name of Thiru.Ravel. He is no more. He left behind four sons and three daughters. There appears to be some dispute among them. It is pending in A.S.No.120 of 2018. There is an interim order against passing of final decree.

3. Be that as it may, the connection stood in the name of Thiru.Ravel has been unilaterally changed in favour of the third respondent. The petitioner is one of the legal heirs of Thiru.Ravel. He was not put on notice. On this sole ground, the impugned name change is set aside. The service connection will continue reflecting the name of Thiru.Ravel. It is open to the parties concerned to agitate the issue afresh on merits and in accordance with law. With this liberty to all the parties, 2/4

3 W.P.(MD)NO.12664 OF 2024 this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

28.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Superintendent Engineer, TANGEDCO, Ettayapuram Road, Tuticorin District.

2. The Executive Engineer, TANGEDCO, Tuticorin District.

3/4

4 W.P.(MD)NO.12664 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.12664 of 2024 28.06.2024 4/4