Madras High CourtWP(MD)/19932/2023allowed

Muthusamy v. The Superintending Engineer

2023-11-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.16461 of 2023 Muthusamy ... Petitioner Vs.

1.The Superintendent Engineer, Madurai EDC/Metro, TANGEDCO, K.Pudur, Madurai District.

2.The Assistant Executive Engineer, Jaihindpuram Electricity Board, Madurai.

3.A.Bharathi 4.K.Vinodhini ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent herein to take action against the 2nd respondent herein for illegal disconnection of the Electricity Connection vide No. 05-055-002-248 and 05-055-002-717 in D.No. 17, Jawahar 4th Street, Solai Alagupuram, Madurai District and restore the same by considering the petitioner's representation dated 29.07.2023. 1/4

For Petitioner : Mr.M.Siva Sankar For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 & R2 : Mr.S.M.Kadhar for R3

ORDER

Heard both sides.

2. It is not in dispute that the petitioner was originally inducted as a lessee by the third respondent. As on date, the third respondent has not recovered possession from the petitioner in the manner known to law. The third respondent appears to have settled the property in favour of the fourth respondent. The petitioner has some claim against the third respondent. In this case, it is not necessary to go into the same. When the TANGEDCO official inspected the premises, he found nobody inside the house. The electricity connection was cut off. I fail to understand as to how the TANGEDCO officials could have done so.

3. The respondents 1 & 2 are directed to restore the petition mentioned electricity connection without any delay. The rights of the third respondent are left intact.

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4. The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.

03.11.2023 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 04.11.2023 3/4

G.R.SWAMINATHAN, J.

rmi 03.11.2023 4/4