Madras High CourtWP(MD)/14114/2020disposed of

P.Madha Naicker v. The Asst Engineer

2023-10-04Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.11766 of 2020 P.Madha Naicker .. Petitioner

Versus

1.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Togaimalai North, Kulithalai Taluk, Karur District.

2.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Iyyarmalai, Karur District.

3.The Executive Engineer, Operation and Maintenance, TANGEDCO, Kulithalai Taluk, Karur District.

4.Bomma Naicker, S/o.Madha Naicker .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from shifting the Agricultural Service Connection No.229 available in S.No.322/1J, Koodalur Village, Kulithalai Taluk, Karur District, to any other place. 1/5

For Petitioner :

Mr.K.Govindarajan For R1 to R3 :

Mr.S.Deenadhayalan Standing Counsel For R4 :

Mr.J.Anandkumar

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents 1 to 3 from shifting the Agricultural Service Connection No.229, in S.No.322/1J, Koodalur Village, Kulithalai Taluk, Karur District, to any other place.

2. Heard Mr.K.Govindarajan, learned counsel for the petitioner, Mr.S.Deenadhayalan, learned Standing Counsel for the respondents 1 to 3 and Mr.J.Anandkumar, learned counsel for the fourth respondent.

3. The grievance of the petitioner is that, joint Patta was issued with respect to the subject property. The fourth respondent managed to get a Patta in his name and taking advantage of the same, he was also attempting to get agricultural service connection transferred in his name. In view of the same, the present Writ Petition has been filed before this Court. 2/5

4. The learned Standing Counsel appearing on behalf of the respondents 1 to 3 submitted that till date, they have not received any application from the fourth respondent, seeking for transfer of the agricultural service connection in his name and consequently, to shift the service connection to his place.

5. The learned counsel appearing on behalf of the fourth respondent submitted that the service connection as it existed continues and no such effort has been made by the fourth respondent.

6. The learned counsel for the petitioner submitted that already an appeal has been filed against the Patta granted in favour of the fourth respondent and the same is pending before the Revenue Divisional Officer.

7. In the light of the above submissions, it is clear that the grievance expressed by the petitioner has been sufficiently answered and the present status quo shall be maintained.

8. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 04.10.2023 Index : Yes/No 3/5

To 1.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Togaimalai North, Kulithalai Taluk, Karur District.

2.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Iyyarmalai, Karur District.

3.The Executive Engineer, Operation and Maintenance, TANGEDCO, Kulithalai Taluk, Karur District.

4/5

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.14114 of 2020 and W.M.P.(MD)No.11766 of 2020 04.10.2023 5/5