L.Sockalingam v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No. 22938 of 2016 and WMP(MD).No.16415 of 2016 L.Sockalingam : Petitioner .Vs.
1.The Superintending Engineer, (TANGEDCO), Metro, Race Course Road, Madurai, Madurai District.
2.The Executive Engineer, (TANGEDCO), Metro, Madurai North, Alalgar Kovil Road, K.Pudur, Madurai District.
3.The Assistant Engineer, (TANGEDCO), Melamadai, Gomathipuram 1st Street, Madurai District.
4.R. Karuppasamy @ Vasantha Kumar 5.R. Nallamani @ Sathish .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impunged order in K.No.USEPO/PAKIR/ MELA/ KO.CG/ VA/Aa/A.No.390 dated 15.11.2016 on the file of the respondent No.3 herein and quash the same as illegal and consequently to direct the respondents herein to restore the Electricity Connections bearing E.B.Nos.009-019-237, 238, 239, 240 to 245 in the name of the petitioner with respect to petitioner's property in R.S.No.259/6E1A, at Vandiyur village, Madurai District within the time frame fixed by this Court.
For Petitioner : Mr.S.A. Ajmalkhan For Respondent : Mr.S.M.S. Johny Basha Standing Counsel
O R D E R
The Writ Petitioner seeks transfer of the petition mentioned Service Connection from the name of one Rajam to his name. This Court posed only one question to the Writ Petitioner. This Court wanted to know if the Writ Petitioner purchased the property https://hcservices.ecourts.gov.in/hcservices/
in question from the said Rajam or not. The learned counsel appearing for the Writ Petitioner replied that the petitioner purchased the property from the 4th respondent herein viz., R. Karuppsamy @ Vasantha Kumar and others vide Document, dated 22.04.2015. The 5th respondent herein viz., R. Nallamani @ Sathish is son of Rajam and he is opposing the name transfer request made by the petitioner.
2. Thus, it is clear that there is a dispute between the writ petitioner on the one hand and the fifth respondent on the other. The authorities took the stand that the service connection shall stand only in the name of Rajam and cancelled the earlier proceedings made in favour of the writ petitioner.
3. The Writ Petitioner has been relegated to move the Civil court. I am of the view that the order impugned in the Writ Petition does not warrant any interference. The authorities, however, are restrained from dis-connecting so long as the consumption charges are paid. The parties are at liberty to work out their remedies before the jurisdictional Civil Court.
4. In the result, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintending Engineer, (TANGEDCO), Metro, Race Course Road, Madurai, Madurai District.
2.The Executive Engineer, (TANGEDCO), Metro, Madurai North, Alalgar Kovil Road, K.Pudur, Madurai District.
3.The Assistant Engineer, (TANGEDCO), Melamadai, Gomathipuram 1st Street, Madurai District.
W.P.(MD) No. 22938 of 2016 and WMP(MD).No.16415 of 2016 11.03.2019 trp MS/25.04.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/