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Madras High CourtWP(MD)/9471/2018dismissed

Dhamodar Krishna Jetty Vastad v. The Superintending Of Engineer

2024-07-04Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN Dhamodar Krishna Jetty Vastad Water Pandal Charities Trust, Represented by its Hereditary Trustee, S.Ramesh Vastad, S/o.R.Santhanakrishanan No.964, Samantha Kulam West, East Main Street, Thanjavur District.

... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, No.1, Vallam Road, Thanjavur - 613007.

2.The Executive Engineer, TANGEDCO, Orathanadu Taluk, Thanjavur District.

3.The Assistant Executive Engineer, TANGEDCO, Papanasam Taluk, 4.The Assistant Engineer, TANGEDCO, Page No. 1 of 5

Soorakkottai Village, Thanjavur Taluk, 5.N.Suresh 6.Sheikh Dawood ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to terminate the permanent electricity connection No.064190081455 in Survey No. 292/1V1 in Thanjavur District, Thanjavur Taluk, Soorakkottai, Keelavasthachavady Village, on the basis of the representation given by the petitioner dated 06.04.2018, within a time stipulated by this Court. For Petitioner : Mr.M.M.Jqbal For R1 to R4 : Mr.S.Deenadhayalan Standing Counsel For R5 & R6 : No appearance *****

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the first respondent to terminate the permanent electricity connection No.064190081455 given in Survey No.292/1V1 in Thanjavur District, Thanjavur Taluk, Soorakkottai, Keelavasthachavady Page No. 2 of 5

Village, on the basis of the representation given by the petitioner on 06.04.2018, within a time stipulated by this Court.

2. It appears that there is a land dispute between the petitioner and the private respondents. The petitioner appears to have taken steps to cancel the patta issued in favour of the private respondents i.e., the fifth and sixth respondents. Pending such exercise, the prayer of the petitioner for termination of the electricity connection cannot be countenanced. IN view of the same, this Writ Petition is premature.

3. Therefore, this Writ Petition is dismissed without prejudice to the rights of the petitioner for termination of the electricity connection as and when the patta issued to the private respondents i.e., the fifth and sixth respondents is cancelled. No costs.

04.07.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 3 of 5

Copy To:

1.The Superintending Engineer, TANGEDCO, No.1, Vallam Road, Thanjavur - 613007.

2.The Executive Engineer, TANGEDCO, Orathanadu Taluk, Thanjavur District.

3.The Assistant Executive Engineer, TANGEDCO, Papanasam Taluk, 4.The Assistant Engineer, TANGEDCO, Saliyamangalam, Soorakkottai Village, Thanjavur Taluk, Thanjavur-District.

Page No. 4 of 5

C.SARAVANAN , J.

JEN 04.07.2024 Page No. 5 of 5