M.K. Sharpunisha Begam, v. The Assistant Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 M.K.Sharpunisha Begam ... Petitioner Vs.

1.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Kulithalai, Karur District.

2.The Taluk Surveyor, Kulithalai Taluk, Office of the Tahsildar, Kulithalai, Karur District.

3.Alagammal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the first respondent from granting electricity supply to the third respondent. 1/5

For Petitioner : M/s.K.Govindarajan For R-1 : M/s.S.Deenadhayalan Standing Counsel For R-2 : M/s.B.Saravanan Additional Government Pleader For R-3 : No appearance

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, forbearing the first respondent herein from providing electricity service connection to the third respondent.

2. According to the learned Counsel for the petitioner, the third respondent has encroached upon the private property of the writ petitioner and has put up a shed. Apart from encroaching the private property of the writ petitioner, the third respondent has also encroached upon a river poromboke. Hence, the petitioner has sought for a Mandamus against the Electricity Board not to provide any service 2/5

connection to the third respondent herein.

3. There is no representation on the side of the third respondent. However, the learned Standing Counsel appearing for the first respondent brought to the notice of the Court that the request of the third respondent for providing electricity service connection has been rejected by an order, dated 17.02.2014. As per the said order, the Electricity Board has relied upon a certificate of Village Administration Officer to arrive at a finding that the property, for which, electricity connection is being sought for, is located in river poromboke.

4. In view of various judgments of this Court and the Board Regulations, they have refused to effect electricity service connection to the third respondent herein. Since the request of the third respondent for effecting electricity service connection has already been rejected by the Electricity Board and the same has not been challenged by the third respondent herein, no further orders are called for in the present writ petition.

3/5

5. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

04.11.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Kulithalai, Karur District.

2.The Taluk Surveyor, Kulithalai Taluk, Office of the Tahsildar, Kulithalai, Karur District.

4/5

R.

VIJAYAKUMAR , J.

btr Order made in 04.11.2022 5/5