Precious Dwellers L.L.P. v. The Executive Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Precious Dwellers L.L.P.

Rep. by its Authorized Signatory, Hareesh Khan Junezo ... Petitioner /vs./ 1.The Executive Engineer, Tamil Nadu TANGEDCO, Railway Feeder Road, Palani Town, Dindigul District.

2.Assistant Engineer, Tamil Nadu TANGEDCO, Chinnakalaiyampudur, Palani Taluk, Dindigul District.

3.R.Eswaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to disconnect the electricity supply in Service Connection No.290-003-969 given to the temporarily shed bearing Door No. 1/5

3/254-B within the petitioner's land (formerly known as Vijayakumar Mills) in which the 3rd respondent is having CITU Office situated at Chinnakalaiyampudur Panchayat, Palani Union - 624 615, Dindigul District. For Petitioner : Mr.V.Venkkatasamy For R1 & R2 : Mr.S.Deenadhayalan Standing Counsel For R3 : Mr.S.M.Kadhar for Mr.S.M.Mohan Gandhi

ORDER

The petitioner has filed this writ petition for a Mandamus to disconnect the electricity supply in Service Connection No.290-003-969 given to the temporarily shed bearing D.No.3/254-B within the petitioner's land (formerly known as Vijayakumar Mills), in which the 3rd respondent is having CITU Office situated at Chinnakalaiyampudur Panchayat, Palani Union - 624 615, Dindigul District. 2.The petitioner is attempting to evict the third respondent, who is allegedly an encroacher of the land belonging to the petitioner. It is submitted that the petitioner has purchased the property through an auction conducted by the Official Liquidator of the High Court and that the sale was registered in favour of 2/5

the petitioner on 21.03.2017 as Doc.No.635 of 2017 in the office of the Joint -2, SRO, Palani.

3.It is the case of the petitioner that the third respondent with the influence of the Village Panchayat has managed to get the property tax assessment and temporary EB connection and that the petitioner has taken steps under the provisions of the TNPPDL Act, 1982, against the third respondent. It is submitted that the third respondent is a trespasser and is therefore not entitled for electricity connection.

4.Even if the third respondent is the trespasser, the petitioner cannot evict the third respondent except in accordance with law. Indirect method of disconnecting the EB connection cannot be permitted. 5.Under these circumstances, the Writ Petition stands dismissed with liberty to the petitioner to take steps for disconnecting the EB connection, once the third respondent is evicted from the property in the manner known to law. 3/5

6.At this stage, the learned Standing Counsel for the second respondent would submit that already the EB connection has been closed on 24.06.2023. In view of the same, no further directions are also required. No costs. Index : Yes / No 18.07.2024 Internet : Yes / No mm 4/5

C.SARAVANAN, J.

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