N.Angayee v. Pon.Ananthakumar

CONT.P.(MD)NO.1026 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.1026 of 2020 in W.P.(MD)No.412 of 2018 N.Angayee ... Petitioner/Petitioner Vs.

Pon Ananthakumar, The Executive Engineer, TANGEDCO, Operation & Maintenance, Thuraiyur Taluk, Trichy District.

... Contemnor/2nd Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnor/2nd respondent and punish him for his willful disobedience to the order of this Court passed in W.P.(MD)No.412 of 2018 dated 13.07.2020.

Prayer in WP(MD). 412 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned notice of 2nd respondent in his reference No.Ka.N.Se.Po./E.Ka./Duraiyoor/Tho.Nu.2/Go.kaddu/No.No.013 and quash the same as illegal and consequently direct the 2nd respondent to give electricity connection to the petitioners lands comprised in Survey No.574/1B at Ponnusangampatti Village in Thuraiyur Circle, Trichirappalli Dist by receiving the balance payment of Rs.49,500/- under the self finance special preference scheme.

For Petitioner : Mr.K.Muthumalai For Respondent : Mrs.M.Parameswari, for Mr.S.M.S.Johny Basha, Standing counsel.

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O R D E R

The petitioner has sought electricity connection for the petition mentioned lands. She had sought the same under the self finance special preference scheme and the respondent called upon the petitioner to pay a sum of Rs.4,06,540/-. The said demand was https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)NO.1026 OF 2020 put under challenge in W.P.(MD)No.412 of 2018. The said writ petition was allowed by me on 13.07.2020 and the demand was set aside. The authority was directed to prepare a fresh estimate for the cost of drawal of the lines to the well or the borewells from the common facility such as a pole or transformer.

2. The respondents have now served a fresh proposal on the petitioner in which the petitioner has been called upon to pay a sum of Rs.2,29,490/-. According to the petitioner, this computation or quantification is not in consonance with the order passed by this Court on 13.07.2020.

3. I am afraid that such contentious issues cannot be adjudicated in contempt proceedings. I am not in a position to go into the contentious facts. Therefore, this contempt petition is closed. Liberty is given to the petitioner to challenge the revised estimate prepared by the respondent. This contempt petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

Mr.Pon Ananthakumar, The Executive Engineer, TANGEDCO, Operation & Maintenance, Thuraiyur Taluk, Trichy District.

CONT.P.(MD)No.1026 of 2020 in W.P.(MD)No.412 of 2018 19.03.2021 na(CO) TR(24.04.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2