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Madras High CourtWP(MD)/12797/2015disposed of

Thanakoneriappa Mudaliar v. The Superintending

2020-11-03Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and M.P.(MD).No.1 of 2015 Thanakoneriappa Mudaliar Kattalai, Madurai attached to Thiruvaduthurai Adheenam, through its Manager, Office at 72, Thanappamudali Street, Madurai - I.

.. Petitioner Vs.

1. The Superintending Engineer Distribution (City), TANGEDCO, K.Pudur, Madurai - 07.

2. The Assistant Electrical Engineer, Distribution, TANGEDCO, Vilangudi, Madurai - 625 018.

3. The Assistant Electrical Engineer City - North, TANGEDCO, Arasaradi, Madurai - 625 016.

4. The Executive Engineer, TANGEDCO, Madurai West, Arasaradi, Madurai - 625 016.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents not to give electricity service connection in 2.68 acres in S.No.236/1, Vilangudi Village, Madurai, without permission of the petitioner.

For Petitioner : Mr.S.Manohar For Respondents : Mrs.M.Rajeswari for M/s.SMS.Johnny Basha, Standing Counsel

ORDER

(This writ petition is heard through Video Conference) This writ petition has been filed for a Mandamus seeking for a direction to the respondents not to give electricity service connection in 2.68 acres in S.No.236/1, Vilangudi Village, Madurai, without permission of the petitioner.

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2.Heard Mr.S.Manohar, learned counsel for the petitioner and Mrs.M.Rajeswari for M/s.SMS.Johnny Basha, learned Standing counsel for the respondents.

3.It is the contention of the petitioner that the said land belongs to the petitioner Adeenam and therefore, without their permission, no electricity connection can be given by the respondents to any person.

4.The learned Standing Counsel appearing for the respondents on instructions would submit that as on date no electricity connection has been given to any person in respect of the land measuring an extent of 2.68 acres in S.No.236/1, Vilangudi Village, Madurai. 5.Since the respondents have submitted before this Court through the learned Standing Counsel that as on date no electricity connection has been given for the above mentioned property, the relief sought for by the petitioner in this writ petition has been achieved. However, it is made clear that in future, if any person seeks for electricity connection for the aforementioned property, without hearing the petitioner, no electricity connection can be given to any person.

6.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Superintending Engineer Distribution (City), TANGEDCO, K.Pudur, Madurai - 07.

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2. The Assistant Electrical Engineer, Distribution, TANGEDCO, Vilangudi, Madurai - 625 018.

3. The Assistant Electrical Engineer City - North, TANGEDCO, Arasaradi, Madurai - 625 016.

4. The Executive Engineer, TANGEDCO, Madurai West, Arasaradi, Madurai - 625 016.

+1 CC to Mr.S.MANOHAR, Advocate SR-21189.

03.11.2020 CK(CO) CS(19.11.2020) 3P 6C 3/3