Selvi Chelliah v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Selvi Chelliah ... Petitioner -vs1.The Executive Engineer, TANGEDCO, Thanjavur.

2. The Assistant Engineer, TANGEDCO - Neelagiri South Thottam, Serfoji Nagar, Thanjavur.

3.Thaslim Fathima ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent not to disconnect the electricity connections in S.C.Nos.4010062461, 4060061711, and 4010061309, Neelagiri-II, Thanjavur District, by disposing the petitioner's representation dated 27.10.2021, within stipulated time. For Petitioner : Mr.T.A.Ebenezer For R1 and R2 : Mr.K.Nagarajan Standing Counsel For R3 :

Mr.K.K.Senthil 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent not to disconnect the service connections that have been provided to the property, based on the representation dated 27.10.2021.

2. The learned Standing Counsel appearing on behalf of the respondents 1 and 2 submitted that till date, the service connections have not been disconnected.

3. The learned counsel appearing on behalf of the third respondent submitted that the petitioner had instituted a suit and the same has been dismissed by judgment and decree, dated 11.11.2023. That apart, the third respondent had instituted a suit for partition and decree was also passed in the suit.

4. In the considered view of this Court, the inter se dispute between the petitioner and the third respondent need not be gone into this Writ Petition. The Writ Petition itself has been filed based on apprehension. The fact that 2/4

the service connections have not been disconnected till date shows that the apprehension is misconceived. Probably, the petitioner wanted to preempt the civil proceedings that were pending before the competent Court. In view of the same, it is not necessary for this Court to enter into the dispute raised in this Writ Petition and accordingly, this Writ Petition stands disposed of. No costs.

NCC : Yes/No 20.11.2023 Index : Yes/No SMN2 To 1.The Executive Engineer, TANGEDCO, Thanjavur.

2. The Assistant Engineer, TANGEDCO - Neelagiri South Thottam, Serfoji Nagar, Thanjavur.

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N.ANAND VENKATESH, J.

SMN2 20.11.2023 4/4