Madras High CourtWP(MD)/19312/2016disposed of

V.Ismailkhan, S/O.Vellaiyatha v. The Superintending Engineer,

2016-10-06Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.19312 of 2016 and W.M.P.(MD)Nos.13918 & 13919 of 2016 V. Ismailkhan : Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation, N.R.T.Road, Theni - 625 531.

2. The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation, Markkayakottai, Theni District.

3. Syed Sulthan Ibrahim : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent's proceedings in f.vz;.c.kp.ngh./,Ng/t.Ma;/kh.Nfh/m.vz;..102/16, dated 13.06.2016 and quash the same and consequently direct the respondents 1 and 2 to provide electricity connection to the petitioner's house situated in 7-1-1992, Uthamapalayam Road, Kuchanur, Theni District.

For Petitioner : Mr. A.K.Manickam For R-1 & R-2 : Mr.S.M.S.Johny Basha

O R D E R

The petitioner has filed the present Writ petition challenging the order passed by the second respondent in his proceedings in f.vz;.c.kp.ngh./,Ng/t.Ma;/kh.Nfh/m.vz;..102/16, dated 13.06.2016 and quash the same and thereby directing the respondents 1 and 2 to provide electricity connection to the petitioner's house situated in 7-1-1992, Uthamapalayam Road, Kuchanur, Theni District. 2.Heard, Mr.A.K.Manickam, learned counsel appearing for the petitioner as well as Mr.S.M.S.Johny Basha learned counsel appearing for the respondents 1 and 2.

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3. Mr.S.M.S.Johny Basha, takes notice for the respondents 1 and 2. By consent, the Writ petition itself is taken up for final disposal.

4. On perusal of the impugned order, it is stated that there is a dispute between the petitioner and his brother Syed Sulthan Ibrahim/third respondent.

5. Notice to the third respondent is dispensed with.

6. The impugned order passed by the second respondent is set aside and the respondents 1 and 2 are directed to provide electricity connection by obtaining indemnity bond from the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar pmu To

1. The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation, N.R.T.Road, Theni - 625 531.

2. The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation, Markkayakottai, Theni District.

+1cc to Mr.A.K.Manickam Advocate Sr.No. 59983 JAM/01.11.16/SKS-RR/2p-4c ORDER MADE IN W.P(MD)No.19312 of 2016 and W.M.P.(MD)Nos.13918 & 13919 of 2016 06.10.2016 https://hcservices.ecourts.gov.in/hcservices/