Madras High CourtWP(MD)/12153/2017disposed of

P.Periyalagi, W/O.Periyamannan v. The Chief Engineer,

2024-12-12Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) Nos.12153 and 21303 of 2017 P.Periyalagi ... Petitioner in W.P.(MD) No.12153 of 2017 Periya Kathi ... Petitioner in W.P.(MD) No.21303 of 2017 /vs./ 1.The Chief Engineer, TANGEDCO, K.Pudhur, Madurai District.

2.The Executive Engineer, TANGEDCO, Samayanallur, Madurai District.

3.The Assistant Engineer, TANGEDCO, Alanganallur, Madurai District.

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4.Periya Karthi ... Respondents in W.P.(MD) No.12153 of 2017 1.The Superintending Engineer, Tamil Nadu Distribution Circle, Madurai Electricity Board, Madurai 625 007.

2.The Chief Engineer, TANGEDCO, K.Pudhur, Madurai District.

3.The Executive Engineer, TANGEDCO, Samayanallur, Madurai District.

4.The Assistant Engineer, TANGEDCO, Alanganallur, Madurai District.

5.Periyalagi ... Respondents in W.P.(MD) No.21303 of 2017 PRAYER in W.P.(MD) No.12153 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to disconnect the electricity connection in S.C.NNo.166007156 of Malaipatti Distribution Section, Alanganallur Electricity Office, Madurai District granted to the 4th respondent by considering petitioner representation dated 04.04.2017.

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PRAYER in W.P.(MD) No.21303 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to shift the post immediately to petitioner land in Survey No.470/5B in order to draw water for the 100 coconut trees based on the representation dated 11.10.2017.

W.P.(MD) No.12153 of 2017:- For Petitioner : Mr.S.Muniyandi For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel For R4 : M/s.V.Jeyarani W.P.(MD) No.21303 of 2017:- For Petitioner : M/s.V.Jeyarani For R1 to R4 : Mr.S.Deenadhayalan Standing Counsel For R4 : Mr.S.Muniyandi COMMON ORDER The prayers in these writ petitions seem to have arisen between the private parties in these writ petitions with regard to the use of the electricity service connection granted to the common Well to be enjoyed by them. 3/5

2. Without their rights being settled by an appropriate civil Court, the prayer sought for in these writ petitions cannot be adjudicated by this Court. Hence, the parties are at liberty to approach the appropriate civil Court to establish their rights and thereafter can approach the TANGEDCO to remedy their grievances.

3. With the aforesaid directions, these Writ Petitions stand disposed of. However, there shall be no order as to costs. Index : Yes / No 12.12.2024 Internet : Yes / No mm 4/5

K.KUMARESH BABU, J.

mm W.P.(MD) Nos.12153 and 21303 of 2017 12.12.2024 5/5