K.Valarmathi, v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19908 of 2017 and W.M.P(MD)No.16181 of 2017 K.Valarmathi ... Petitioner Vs.

1.The Executive Engineer, Operation and Maintenance - TANGEDCO, Trichy.

2.The Junior Engineer, Operation and Maintenance - TANGEDCO, Thiruverambur, Ariyamangalam, Trichirapalli.

3.The Assistant Engineer, Operation and Maintenance - TANGEDCO, Thiruverambur, Ariyamangalam, Trichirapalli. 4.The Assistant Commissioner of Police, Office of the Police Commissioner, Tiruchirapalli City, Tiruchirapalli District.

5.N.Yogambal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 to 3 herein from providing EB service connection as requested by the 5th respondent for Re.Sy.No. 250/2C1 and 250/2B1 corresponding to Town Survey No. 26/2 in Ariyamangalam, Tiruchirapallli East Taluk, Tiruchirapalli District.

For Petitioner : Mrs.J.Anandhavalli For Respondents : Mr.E.P.Venkateshwar for R.1 to R.4 Mr.Janathahmed for R.5

ORDER

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

2. Mr.E.P.Venkateshwar, learned Counsel, takes notice for respondents 1 to 4 and Mr.Janathahmed, learned Counsel, takes notice for fifth respondent.

3. This writ petition has been filed by the petitioner,

seeking a prohibitory order from granting electricity service connection to the fifth respondent, in respect of the lands in Re.Sy.Nos.250/2C1 and 250/2B1 corresponding to Town Survey No. 26/2 in Ariyamangalam, Tiruchirapallli East Taluk, Tiruchirapalli District.

4. According to the petitioner, her husband was taking care of the rice mill and other utilities, which is situated in the subject mentioned property and after his demise, the petitioner was taking care of the same. The petitioner herself admits that the entire property stood in different names, but in order to run the business successfully, the petitioner's husband was taking care of all. Whereas, after his demise, with an intention to grab the possession, her husband's sisters are creating problems and hence, the petitioner is before this Court.

5. On the other hand, the learned Counsel for the fifth respondent, on instructions, submitted that they had applied for electricity connection to their own property and further submitted that several suits have been preferred in this subject matter, which are said to be pending.

6. In reply to this stand taken by the learned Counsel for the fifth respondent, the learned Counsel for the petitioner submitted that the fifth respondent is attempting to get electricity connection in her name, so as to produce the same as a proof, before the suit proceedings and to contest the same. The learned Counsel for the petitioner further submitted that objection letters, in this regard, have also been submitted to the authorities.

7. Heard the learned Counsel on either side and perused the documents placed on record.

8. Considering the facts and circumstances of the case, this Court directs the respondents 1 to 3 to consider the objections raised by the petitioner in letter dated 12.10.2017 and thereafter, pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the fifth respondent and all other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. In the meanwhile, the respondents 1 to 3 are directed to maintain status quo, if the electricity connection has not been granted so far.

9. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

To 1.The Executive Engineer, Operation and Maintenance - TANGEDCO, Trichy.

2.The Junior Engineer, Operation and Maintenance - TANGEDCO, Thiruverambur, Ariyamangalam, Trichirapalli.

3.The Assistant Engineer, Operation and Maintenance - TANGEDCO, Thiruverambur, Ariyamangalam, Trichirapalli.

4.The Assistant Commissioner of Police, Office of the Police Commissioner, Tiruchirapalli City, Tiruchirapalli District. +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 84378 +1cc to Mr.JANATH AHAMED Advocate in SR. No. 84170 +1cc to M/s.J.ANANDHAVALI Advocate in SR. No. 84145 GK JS/MR.KKR/SAR.4/7.11.2017/3P-8C W.P.(MD)No.19908 of 2017 30.10.2017