Madras High CourtWA(MD)/147/2017disposed of

Selvaraj, v. The Superintending Engineer,

2024-04-03Honourable Mr Justice N. Seshasayee,Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI W.A(MD) No.147 of 2017 and C.M.P(MD)Nos.1589 and 1590 of 2017 Selvaraj ... Appellant/Petitioner Vs.

1.The Superintending Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, Ramanathapuram.

2.The Assistant Electrical Engineer, Urban/North, Ramanathapuram.

3.Sridharan ... Respondents/Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 04.01.2017 made in W.P(MD)No.11353 of 2013.

For Appellant :Mr.S.Muthukrishnan For R-1 & R-2 :Mr.S.M.S.Johny Basha For R-3 :Mr.J.Barathan

JUDGMENT

(Judgment of the Court was delivered by N.SESHASAYEE, J.) The present writ appeal is filed challenging the order of a learned Single Judge in W.P(MD)No.11353 of 2013, dated 04.01.2017.

2. The grievance of the appellant/writ petitioner was that a notice for disconnection of electricity connection upon the TANGEDCO finding that the very application submitted for obtaining electricity connection was forged as it had the signature of dead persons.

3. Before the learned Single Judge, a copy of the alleged fabricated application was produced and taking into account the facts put forth before him, the learned Single Judge had passed an order holding that the Court cannot aid those who engaged in fraudulent practices and dismissed the writ

petition. This order of the learned Single Judge is now under challenge. 4.1 Heard both sides and perused the materials. The learned counsel for the appellant submitted that the application produced before the learned Single Judge is not the application which the appellant had filed. However, this aspect of the matter does not appear to have been taken before the learned Single Judge as the order under challenge does not disclose any such fact. 4.2 According to the learned counsel for the third respondent, it is an afterthought invented for sustaining this appeal.

5. Without getting into the merits of the rival contentions, this Court merely directs that the appellant, if he is so desirous, to make an application for electricity connection within a period of four weeks from the date on which this order is hosted in the official web-site and the respondents 1 and 2, shall take a call only after putting the third respondent herein on notice about the same. Till then, the parties shall maintain status-quo as on today.

6. This writ appeal is disposed of accordingly. No Costs. Consequently, connected Miscellaneous Petitions are closed. (N.S.S., J.) (P.V.M., J.) 03.04.2024 NCC : Yes/No Index : Yes/No Internet : Yes PM To 1.The Superintending Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, Ramanathapuram.

2.The Assistant Electrical Engineer, Urban/North, Ramanathapuram.

N. SESHASAYEE, J.

and P.VADAMALAI, J.

PM W.A.(MD) No.147 of 2017 03.04.2024