Somasundaram Govt Primary School v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Somasundaram Government Primary School, represented by its Secretary, S.Swaminthan ... Petitioner Vs 1.The Chairman, TANGEDO, No.825, Inaipu Salai, Annasalai, Triplicane, Chennai 600 002.

2.The Executive Engineer, TANGEDCO, Paramakudi, Ramanathapuram District.

3.The Deputy Engineer, TANGEDO, Ramanathapuram Circle, Sayalkudi, Ramanathapuram District.

4.P.Markandan ... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondent Nos.1 to 3 to cancel the electricity connection in Connection No.05354012604 provided to the respondent No.4 by the respondent No.3 with regard tot he petitioner's school property situated at Survey no.202/1A1A in patta No.1453, Door No.26, Sayalkudi Town Panchayats, Ramanathapuram District by considering the petitioner's representation dated 21.07.2023 within the time stipulated by this Court. For petitioners : Mr.T.Thirumugan For Respondent : Mr.S.Deenadhayalan Nos.1 to 3

ORDER

The petitioner has filed this writ petition that the respondents has effected service connection to the 4th respondent based on a forged patta, wherein petitioner is running a school and now the respondent Board is attempting to disconnect the service connection. Therefore, this writ petition has been filed. 2.Though notice has been served to the 4th respondent he has not appeared before this Court.

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3.The learned standing Counsel appearing for the respondents 1 to 3 submits that pending writ petition, the writ petitioner has already approached the RDO as against the patta granted in favour of the 4th respondent and the RDO has cancelled the patta. Subsequently, the Executive Officer of the panchayat has also cancelled the property tax. Therefore, they have to take a decision with regard to the service connection effected to the 4th respondent's premises, which was granted based on a patta, in the name of the 4th respondent and the decision would be taken within a period of two weeks.

4.This Court has considered the rival submissions and perused the materials placed on record.

5.The learned Standing Counsel appearing for the respondent Board has taken a stand that based on the patta produced by the 4th respondent, service connection was given to his premises and since it is reported that the said patta has been cancelled and consequently tax receipt has also been cancelled. Therefore, the respondent Board is directed to take a decision based on the orders of the RDO and the Executive Officer of the panchayat, within a period of four 3/5

weeks from the date of receipt of a copy of this order after providing necessary opportunity to the parties concerned. No costs. 25.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No dsk To 1.The Chairman, TANGEDO, No.825, Inaipu Salai, Annasalai, Triplicane, Chennai 600 002.

2.The Executive Engineer, TANGEDCO, Paramakudi, Ramanathapuram District.

3.The Deputy Engineer, TANGEDO, Ramanathapuram Circle, Sayalkudi, Ramanathapuram District.

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B.PUGALENDHI, J.

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