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Madras High CourtWP(MD)/15432/2021dismissed

Meenakshi R v. The Chief Engineer

2023-08-31Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.15432 of 2021 R.Meenakshi ... Petitioner vs.

1.The Chief Engineer, Tamil Nadu Electricity Production & Distribution Board, K.Pudhur, Madurai-625 007.

2.The Executive Engineer, Tamil Nadu Electricity Board, Aanaiyur, Madurai-625 017.

3.K.Kumar 4.J.Selvi ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent not to give fresh Electric Connection to the Suit Property in the name of the fourth respondent considering my representation dated 19.08.2021. For Petitioner : No appearance For R-1 & R-2 : Mr. S.Deenadhayalan Standing Counsel For R-3 & R-4 : Mr.P.T.Ramesh Raja

O R D E R

This writ petition is filed for Mandamus, to direct the second respondent not to give fresh Electric Connection to the Suit Property.

2. The petitioner is claiming right over the property in dispute. The fourth respondent submitted that he had purchased the land though the power agent namely K.Kumar, the third respondent herein. 2/4

3. There cannot be any negative prayer. Therefore, this Writ Petition cannot be entertained.

4. If the 4th respondent is having any evidence to prove that the property belongs to him, the same shall be submitted. If the petitioner is having any evidence to prove that the property belongs to him, the same shall be submitted. After perusing the evidence, the respondents 1 and 2 are directed to consider the application of the fourth respondent in accordance to the provisions of the Electricity Act, 2003 and regulations framed thereunder and pass orders.

5. With these observations and directions, this Writ Petition is dismissed. There shall be no order as to costs. Index : Yes / No 31.08.2023 Internet : Yes NCC : Yes / No Sml/Tmg 3/4

S.SRIMATHY, J Sml/Tmg W.P.(MD)No.15432 of 2021 31.08.2023 4/4