Natesan v. Rajeshwaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD) No.14052 of 2023 1.Natesan 2.Angel Mary ... Appellants/Respondents 3 & 4 -Vs.- 1.Rajeshwaran ... 1st Respondent/Writ Petitioner 2.The Assistant Engineer, TANGEDCO, Suriyacode, Killiyoor Taluk, Kanyakumari District.

3.The Inspector of Police (L&O), Kaliyakavilai Police Station, Kaliyakavilai, Kanyakumari District.

... Respondents 2 & 3/ Respondents 1 & 2 PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order dated 14.07.2023 made in W.P.(MD)No.18034 of 2022 on the file of this Court.

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For Appellants : Mr.S.C.Herold Singh For Respondent : Mr.M.Veeranthiran Government Advocate for R3 ****

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The Writ Appeal has been instituted against the order dated 14.07.2023, passed in W.P.(MD)No.18034 of 2022.

2. The respondents 3 and 4 in the Writ Proceedings are appellants before us. The first respondent filed the Writ Petition, seeking the relief to direct the Assistant Engineer, TANGEDCO, Suriyacode, Killiyoor Taluk, Kanyakumari District, to restore the EB Service Connection No.198-006-168 for the 1st respondent's house property with Door No.14-169 in Charappazhanji, Athemcode Village, Methukummal Post, Killiyoor Taluk, Kanyakumari District. A civil suit between the appellants and their family members are pending. The first respondent defaulted in payment of electricity charges. Thus, the connection was disconnected by the authorities of the TANGEDCO. The first respondent 2/5

filed a Writ Petition, seeking restoration of electricity service connection. Learned Single Judge considering the issues and also the objections raised by the appellants herein for restoration of service connection, directed the authorities of the TANGEDCO to restore service connection in the premises of the first respondent on payment of consumption charges.

3. Learned counsel appearing on behalf of the appellants mainly contended that the electricity cables are supposed to be laid through the property belonging to the appellants.

4. It is for the appellants to submit objections, if any, regarding this issue and the authorities are at liberty to consider the same in accordance with the Tamil Nadu Electricity Supply Code, 2004 and the Indian Telegraph Act, 1885. We are not expressing any opinion regarding laying of cables, which is to be done in the manner known to law. As far as the restoration of electricity service connection is concerned, even the appellants have no objection and thus, we do not find any error in the order impugned warranting interference from the hands of this Court. 3/5

5. With the above observations, the Writ Appeal stands dismissed and the order impugned is confirmed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. [S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No 19.10.2023 Index :Yes/No SJ To 1.The Inspector of Police (L&O), Kaliyakavilai Police Station, Kaliyakavilai, Kanyakumari District.

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S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ 19.10.2023 5/5