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Madras High CourtWP(MD)/20864/2025withdrawn dismissed

G.Rukmani v. Assistant Director,

2025-07-31Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.16134 and 16135 of 2025 G.Rukmani ... Petitioner /vs./ 1.Assistant Director, TANGEDCO, Thirupattur ED Office, Sivagangai District.

2.Assistant Engineer, Thirupattur Region, TANGEDCO, Sivagangai District.

3.The Station House Officer, Thiruvyudarpatti Police Station, Thirupattur Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for records relating to the impugned proceedings of the 2nd respondent in 1/5

Ka.No.AEE/Nagar/Thiru/Ko.Manu/A.A./A.No.45/25 dated 28.05.2025 and quash the same as illegal and consequently direct the 2nd respondent to disconnect the electricity supply line in the name of the petitioner in electricity connection No. 0547600880 within the time that may be stipulated by this court and direct the 3rd respondent to accord police protection to the petitioner's property in survey No. 82/22, 82/23 and 82/24 Thiruvyudiyarpatti Village, Sivagangai District. For Petitioner : Mr.M.Mahaboob Athiff For R1 & R2 : Mr.S.Deenadhayalan standing counsel For R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

Mr.S.Deenadhayalan, learned standing counsel takes notice for the respondents 1 and 2 and Mr.K.Sanjai Gandhi,learned Government Advocate (Crl.side) takes notice for the third respondent. 2.The writ petition has been filed challenging the order passed by the second respondent bearing Ka.No.AEE/Nagar/Thiru/Ko.Manu/A.A./A.No.45/25 dated 28.05.2025 and for a consequential direction to the second respondent to disconnect the electricity supply line lies in the name of the petitioner in 2/5

Electricity Connection No. 0547600880 and to accord police protection to the petitioner's property in S.Nos.82/22, 82/23 and 82/24 at Thiruvyudiyarpatti Village, Sivagangai District.

3.The petitioner claims that the petitioner has been put to possession of the property, pursuant to the judgment and decree secured by the petitioner from the Sub Court, Sivagangai, in O.S.No.103 of 2009 on 10.11.2021. 4.It is submitted that the petitioner had filed E.P.No.13 of 2022 before the aforesaid Court and the Execution Petition was also ordered on 22.01.2025 and delivery was also given to the petitioner from the defendants on 27.02.2025, as per the records of the Sub Court, Sivagangai. 5.It is submitted that the petitioner has made an application for disconnecting the power connection, as the petitioner proposes to put up a new construction in the place of old construction. The respondents have, however, rejected the request stating that the defendants in O.S.No.103 of 2009 are still in 3/5

possession of the property. The petitioner has to necessarily implead them as parties.

6.At this juncture, the learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to file a fresh writ petition by impleading the defendants in O.S.No.103 of 2009. 7.Recording the same, this Writ Petition stands dismissed as withdrawn with such liberty. No costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 31.07.2025 Internet : Yes / No mm To The Station House Officer, Thiruvyudarpatti Police Station, Thirupattur Taluk, Sivagangai District.

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C.SARAVANAN, J.

mm 31.07.2025 5/5