P.Surendara Babu, v. The Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.3892 of 2018 P.Surendara Babu ... Petitioner Vs.

1.The Superintending Engineer, Kovai Road, Karur.

2.The Executive Engineer, Kovai Road, Karur.

3.The Assistant Executive Engineer, Velliyanai, Karur District.

4.The Assistant Engineer, Thanthonimalai, Karur District.

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5.K.Varadharaj ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to disconnect the Electricity Service Connection No.010-017-1082 given to the fifth respondent illegally without following the provisions under the Tamil Nadu Electricity act along with Rules on the basis of the petitioner's representation dated 18.12.2017 within the time frame as may be fixed by this Court.

For Petitioner : Mr.V.Balaji For R1 to R4 : Mr.S.Deenadhalayan Standing Counsel

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to disconnect the Electricity Service Connection No.010-017-1082 given to the fifth respondent.

2. It appears that the petitioner has already initiated a civil suit in O.S.No.58 of 2015 against the fifth respondent and 9 others before the Additional Sub Court, Karur and the same is still pending. The fact that the fifth respondent has been given electricity service connection indicates that the fifth respondent is in possession of the property. The petitioner Page No. 2 of 5

will have to work out his remedy before the Civil Court before approaching the respondents 1 to 4 for disconnecting the electricity service connection given to the fifth respondent.

3. Under these circumstances, this Writ Petition is disposed of with liberty to the petitioner to approach the respondents 1 to 4 in case, he succeeds in O.S.No.58 of 2015. No costs.

Index : Yes/ No 02.08.2024 Speaking Order / Non-Speaking Order smn2 To 1.The Superintending Engineer, Kovai Road, Karur.

2.The Executive Engineer, Kovai Road, Karur.

3.The Assistant Executive Engineer, Velliyanai, Karur District.

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4.The Assistant Engineer, Thanthonimalai, Karur District.

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C.SARAVANAN , J.

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