G.Ponmalar, D/O.Ganesan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.3579 of 2016 G.Ponmalar Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Special Deputy Collector, (Rehabilitation), Mandapam Camp TNEB, Ramanathapuram District.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent to restore the electricity connection to the petitioner's house No.20/1, Government Employees Quarters Mandapam Camp in the interest of the petitioner and his brother's studies.

For Petitioner :Mr.R.Venkatesan For Respondents :Mr.Veerakathiravan, Additional Advocate General Assisted By Mr.J.K.Jeyaselvam Government Advocate 1/6

O R D E R

This Writ petition is filed for a Mandamus, directing the second respondent to restore the electricity service connection to the petitioner's house in 20/1, Government Employees Quarters Mandapam Camp.

2.The petitioner is the daughter of one Ganesan, who was working as a Mason in Government Primary and Health Centre, Pamban. He was allotted a house in the Government Quarters, in the year 2004. They have also resided in the quarters for more than 12 years by paying necessary rent and other charges. While this being so, the second respondent issued an order in Na.Ka.A4/987/2014, dated 21.08.2014 to the petitioner's father to vacate the quarters. Challenging the same, the petitioner's father Ganesan has filed W.P(MD) No.2978 of 2015 and the same is pending. With an allegation that the respondents have disconnected the electricity service connection, the petitioner has approached this Court by way of this writ petition.

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3.Today(14.02.2023), when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner claims that he has to get instructions from the petitioner by visiting Mandapam Camp.

4.The learned Additional Government Pleader has produced a written instructions, dated 13.02.2023 that the said Ganesan has vacated the quarters in the year 2018 itself. 5.Though the learned counsel appearing for the petitioner and the learned Additional Government Pleader has not assisted this Court properly, this Court expresses its displeasure in the manner, in which the second respondent has acted upon in vacating the quarters, where the petitioner and his family members were residing for more than 12 years.

6.Admittedly, the petitioner's father was a Government servant and also he was allotted with a quarters in Door No.20/1, 3/6

Government Employees Quarters Mandapam Camp. The Department claims that the said Ganesan was transferred to RS Mangal and therefore, the second respondent issued an order in Na.Ka.A4/987/2014, dated 21.08.2014, to vacate the quarters occupied by this petitioner's father. However, he has not vacated the premises and therefore, the second respondent has taken a coercive method of putting up a lock to the house and also disconnected the electricity service connection. This is not the mode, which can be adopted by the Department to vacate the premises. However, it is now reported that the petitioner has already vacated the quarters and electricity service connection is also in existence. 7.Therefore, this writ petition is closed with a liberty to the petitioner to file a suit for recovery of damages, if he is aggrieved, as against the concerned authorities in the manner known to law. No costs.

14.02.2023 Index: Yes/No Internet: Yes/No vrn 4/6

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Special Deputy Collector, (Rehabilitation), Mandapam Camp TNEB, Ramanathapuram District.

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B.PUGALENDHI, J vrn Order made in W.P(MD) No.3579 of 2016 14.02.2023 6/6