Madras High CourtWP(MD)/3705/2018disposed of

Mahan @ Mahalakshmi v. The Asst. Executive Engineer

2025-09-15Honourable Ms. Justice P.T. Asha5 pages

.......BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Mahan @ Mahalakshmi .. Petitioner Vs.

1.The Asst. Executive Engineer, Tamil Nadu Electricity Board, Pannaikadu Post, Kodaikkanal, Dindigul District.

2. Rani .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to temporarily disconnect the EB Service Connection No.124 in the name of 2nd respondent at Kumbaraiyur, Pannaikadu, Kodaikanal, Dindigul District, by considering petitioner's representation dated 25.03.2016. For Petitioner : M/s.S.Varnikhaa For R1 : Mr.S.Deenadhayalan Standing Counsel For R2 : Mr.G.Mohankumar

ORDER

This writ petition has been filed for a mandamus to the 1st respondent to temporarily disconnect the EB Service Connection No.124 in the name of 2nd respondent at Kumbaraiyur, Pannaikadu, Kodaikanal, Dindigul District, by considering petitioner's representation dated 25.03.2016.

2. It is the case of the petitioner that she is the owner of a Trust property bearing Survey No.795/3, 794/3, 796/3 and 786/1 measuring 6 acres 61 cents. The 2nd respondent and one Jaya had created a sale deed in a fraudulent manner as if they have purchased the said land from the petitioner's brother and mother. The petitioner had filed a suit in O.S.No. 17 of 2001 for the relief of declaration to declare the above said sale deed to be cancelled and for permanent injunction. On 11.10.2003, the District Munsif Court had passed a decree in favour of the petitioner. Despite the same, the 2nd respondent and others encroached the subject land and refused to vacate the said land. Suppressing the decree in favour of the petitioner in O.S.No.17 of 2001, the 2nd respondent got the property tax

assessment. In order to safeguard the interest of the property, the petitioner made a detailed representation dated 02.01.2016 to the local authority requesting them to change the property tax assessment, draw field map and issue value certificate. Since the same was not considered, the petitioner had filed W.P(MD)No.21400 of 2017 before this Court. This Court by an order dated 21.11.2017 directed the local authority to take effective steps within a period of eight weeks.

3. In the meanwhile, on 25.03.2016 the petitioner sent a detailed representation to the 1st respondent requesting to temporarily disconnect the electricity service connection No.124 in the name of the 2nd respondent. Due to the inaction of the 1st respondent, the petitioner is before this Court.

4. Heard the learned counsel on either side.

5. Without going into the merits of the case, this Court directs the 1st respondent to consider the petitioner's representation, dated

25.03.2016 and pass orders, after giving an opportunity of personal hearing to the petitioner as well as the 2nd respondent, within a period of two (2) months from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

15.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Asst. Executive Engineer, Tamil Nadu Electricity Board, Pannaikadu Post, Kodaikkanal, Dindigul District.

P.T.ASHA, J.

gbg W.P.(MD) No.3705 of 2018 15.09.2025