Madras High CourtWP(MD)/18034/2022disposed of

Rajeshwaran v. The Assistant Engineer

2023-07-14Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.18034 of 2022 Rajeshwaran ... Petitioner Vs.

1.The Assistant Engineer, TANGEDCO, Suriyacode, Killiyoor Taluk, Kanyakumari District.

2.The Inspector of Police (L & O), Kaliyakavilai Police Station, Kaliyakavilai, Kanyakumari District.

3.Natesan 4.Angel Mary ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to forthwith restore the EB Service Connection No.198-006-168 for the petitioner's house property with Door No.14-169 in Charappazhanji, Athemcode Village, Methukummal Post, Killiyoor Taluk, Kanyakumari District, on the basis of his representation dated 13.07.2022. 1/5

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents :Mr.S.Deenadhayalan Standing Counsel for R1 Mr.G.V.Vairom Santhosh Additional Government Pleader for R2 Mr.M.P.Senthil for R3 and R4

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to restore the EB Service Connection No. 198-006-168 which is in the residence of the petitioner at Door No.14-169 in Charappazhanji, Athemcode Village, Methukummal Post, Killiyoor Taluk, Kanyakumari District.

2. The learned Standing Counsel appearing for the first respondent, on instructions, submits that earlier the service connection of the petitioner was disconnected on account of non-payment of consumption charge by the petitioner. On payment of consumption charge, the service connection would be restored.

3. The learned counsel appearing for the respondents 3 and 4 submits that the respondents 3 and 4 are having objections for restoration 2/5

of the service connection and they have already filed a suit as against the petitioner.

4. Though the respondents 3 and 4 have raised objections for restoration of the service connection, they can agitate the same before the civil Court.

5. Considering the fact that the service connection of the petitioner was in existence for a longer period and that it was disconnected on account of non-payment of consumption charge, this Writ Petition is disposed of, with a direction to the first respondent to restore the service connection of the petitioner on payment of consumption charges. The civil Court shall decide the matter being uninfluenced by any of the observations made in this order. There shall be no order as to costs. 14.07.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To 1.The Assistant Engineer, TANGEDCO, Suriyacode, Killiyoor Taluk, Kanyakumari District.

2.The Inspector of Police (L & O), Kaliyakavilai Police Station, Kaliyakavilai, Kanyakumari District.

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B.PUGALENDHI, J.

ssb W.P.(MD).No.18034 of 2022 14.07.2023 5/5