Thomai Tamil Doss v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.24852 of 2024 Thomai Tamil Doss ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Sivagangai, Sivagangai District.

2.The Executive Engineer, TANGEDCO, Sivagangai, Sivagangai District.

3.The Assistant Engineer, TANGEDCO, Town Section, Sivagangai, Sivagangai District.

4. Veerapathiran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice issued by the 3rd respondent vide 1/5

proceedings in Ka.No.Vu.Mi.Po / Na/SiVa/ Va.Aa/Ko.Manu/Aa.No. 311/24, dated 25.11.2024 and quash the same.

For Petitioner : Mr.A.R.Kannappan For R-1 to R-3 : Mr.S.Deenadhayalan, Standing counsel

ORDER

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

2.Challenging the notice issued by the 3rd respondent by proceedings dated 25.11.2024 directing the petitioner to produce all the title documents with respect to the house property bearing door No. 4/3, Sivagangai Municipality, failing which, the electricity connection to the door No.4/3 would be disconnected, this writ petition is filed. 3.Considering the limited scope of the relief sought for by the petitioner herein, notice to the 4th respondent is dispensed with. 4.Heard the learned counsels on either sides and carefully perused the materials available on record.

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5.The learned counsel for the petitioner submitted that the petitioner is the owner in title and possession of buildings bearing door Nos.4/3, 190/6A and 192/A. However, he has availed an electricity connection from the respondent corporation only with respect to door Nos. 190/6A and 192/A. The respondent corporation vide impugned notice dated 25.11.2024 had required the petitioner to produce the title deeds of the building in door No.4/3, failing which, the electricity connection would be disconnected. However, there is no electricity connection at all in the building bearing door No.4/3 and further he submitted that in the guise of disconnecting the current connection in door No.4/3, they are trying to disconnect the electricity connection in door No.192/A.

6.In view of the submissions made by the petitioner, the impugned order is hereby quashed and remanded back to the 3rd respondent. The 3rd respondent is directed to issue notice both to the petitioner as well as the 4th respondent and give an opportunity of personal hearing. The petitioner is directed to produce all the necessary documents which would substantiate his claim. The 3rd respondent, after hearing both the parties, is directed to pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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7.With the above directions, this writ petition stands allowed. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.

09.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Superintending Engineer, TANGEDCO, Sivagangai, Sivagangai District.

2.The Executive Engineer, TANGEDCO, Sivagangai, Sivagangai District.

3.The Assistant Engineer, TANGEDCO, Town Section, Sivagangai, Sivagangai District.

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L.VICTORIA GOWRI, J.

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