Saraswathi v. The Superintending Engineer (Township)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.25602 of 2022 Saraswathi ... Petitioner Vs.

1.The Superintending Engineer(Township), TANGEDCO, Pudukottai District, Pudukottai.

2.The Executive Engineer (Township), TANGEDCO, Aranthangi, Pudukottai District.

3.The Assistant Executive Engineer, (Township), TANGEDCO, Aranthangi, Pudukottai District.

4.Kavitha @ Anju ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 not to provide electricity connection in favour of the fourth respondent in Old.S.No. 250/2C3P, T.S.No.37/2, Ward C, Block 2, Ezhil Nagar, 13th Street, Aranthangi town and Pudukottai District by considering the petitioner's representation dated 25.10.2022.

For Petitioner : Mr.R.Balakrishnan For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel 1/5

ORDER

This Writ Petition has been filed to direct the respondents 1 to 3 not to provide electricity connection in favour of the fourth respondent in Old.S.No. 250/2C3P, T.S.No.37/2, Ward C, Block 2, Ezhil Nagar, 13th Street, Aranthangi town and Pudukottai District by considering the petitioner's representation dated 25.10.2022.

2.By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The property in S.No.250/2C3P at Ward C, Block 2, Ezhil Nagar, 13th Street, Aranthangi Town and Pudukkottai District measuring to an extent of 0.03.0 hectare and other properties stood in the name of the petitioner's husband. It is a joint family property. There was a civil suit pending among the members of the family with regard to the partition of the said properties. While so, the fourth respondent, who is one of the daughters of the petitioner herein, illegally attempted to put up a shed in the property. Therefore, the petitioner lodged a complaint. Even thereafter, the fourth respondent is making attempts to get electricity connection in her name. 2/5

4.The learned counsel for the petitioner submitted that the fourth respondent is the daughter of the petitioner. There was a quarrel between the family members of the petitioner's family regarding partition of the joint family properties. A civil suit is also pending with regard to the same. In such circumstances, if the electricity connection is given, it will create some more problems. Hence, the petitioner made a representation to the respondents 1 to 3 on 25.10.2022 seeking not to provide electricity connection in the name of the fourth respondent in respect of the above said property. Since no action had been taken by the respondents, the petitioner had filed the present writ petition.

5.The learned Standing Counsel appearing for the official respondents submitted that no application seeking electricity connection with regard to the property in dispute has been received by the respondents till date. If any such application is received, notice will be issued to the petitioner and necessary action will be taken.

6.Heard the learned counsel appearing on either side. 7.In view of the submission made by the learned Standing Counsel, this Writ Petition is closed. The official respondents are directed to issue notice to the petitioner and the rival claimants, if any, in the event of receiving any 3/5

application seeking electricity connection with regard to the above said land. No costs.

11.11.2022 Index : Yes/No Internet : Yes/No ta To 1.The Superintending Engineer(Township), TANGEDCO, Pudukottai District, Pudukottai.

2.The Executive Engineer (Township), TANGEDCO, Aranthangi, Pudukottai District.

3.The Assistant Executive Engineer, (Township), TANGEDCO, Aranthangi, Pudukottai Distric.

4/5

V.BHAVANI SUBBAROYAN, J.

ta Order made in W.P.(MD) No.25602 of 2022 11.11.2022 5/5