Madras High CourtWP(MD)/3195/2015disposed of

Marimuthu, v. The Superintending Engineer,

2023-09-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 Marimuthu ... Petitioner Vs.

1.The Superintending Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Pudukkottai District.

2.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Thiruvappur, Pudukkottai District.

3.P.Nagammal ... 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 2nd Respondent to disconnect the electricity connection given to the 3rd respondent in New Door No. 1, Mariamman Kovil Street, Pudukkottai, Pudukkottai District by considering the Petitioner's representation dated 12.02.2015. 1/4

For Respondents : Mr.S.Deenadhayalan standing counsel for R1 & R2 : Mr.N.Sudhakar Nagaraj for R3

ORDER

The counsel who filed the writ petition had passed away. The petitioner has not made any alternative arrangement. Notice was directed to be issued to the petitioner.

2. The petitioner wants this Court to direct TANGEDCO to disconnect the electricity service connection given to the third respondent.

3. When the matter was taken up for hearing, the learned standing counsel pointed out that the third respondent had filed O.S.No.276 of 2013 on the file of the District Munsif Court, Pudukkottai for permanent injunction and that the suit was decreed on 13.04.2017. It is not known if this decree has been reversed in appeal.

4. I therefore direct the second respondent to hold an enquiry if the petitioner files any petition. Notice will be given to the third respondent also. If the decree obtained by the third respondent had been reversed, an appropriate 2/4

order on merits and in accordance with law will be passed by the second respondent. If the decree is holding good, the question of disconnecting the electricity service connection does not arise at all.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

13.09.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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