Madras High Court
M.Sivasamy vs M.Nagapandian ... 1St on 19 January, 2021
W.A(MD)No.1137 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.1137 of 2014
and
M.P(MD)No.1 of 2014
M.Sivasamy ... Appellant/5th Respondent
Vs.
1.M.Nagapandian ... 1st Respondent / Petitioner
2.The Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
Periyakulam, Theni.
3.The Assistant Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
Town Section,
Periyakulam, Theni.
4.The Commissioner,
Periyakulam Municipality,
Theni District.
5.A.Rajappa ... Respondents 2 to 5/
Respondents 1 to 4
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 11.08.2014 made in W.P(MD)No.15976 of 2013
on the file of this Court.
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1/5
W.A(MD)No.1137 of 2014
For Appellant : Mr.Vinoth
for Mr.R.Subramanian
For R – 1 : Mr.J.Lawrance
For RR 2 to 5 : No appearance
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
This Writ Appeal is directed as against the order, dated
11.08.2014 passed in W.P(MD)No.15976 of 2013.
2.The first respondent herein had originally filed the said writ
petition seeking for a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order passed by the second
respondent, dated 16.09.2013 and consequently, to direct the second
respondent to shift the petitioner's service line from electric pole PKM
SS XX E 22/A to electric pole PKM SS XX E 20A, upon Northern side of
the petitioner's house over the municipal lane bounded in T.S.No.
2729, wherein the application for drawal of electricity service line was
rejected. The electricity line was sought to be drawn through the lane
in T.S.No.2729, which is claimed to be the property of the
appellant / fifth respondent.
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W.A(MD)No.1137 of 2014
3.The appellant and the fifth respondent herein had filed a suit
in O.S.No.13 of 2003 on the file of the District Munsif Court,
Periyakulam against a third party, namely Rajendran, in respect of the
dispute over the title of the property in T.S.No.2729. It is now stated
that a subsequent suit in O.S.No.181 of 2013 was also filed by the
appellant herein restraining the first respondent / writ petitioner from
drawing the electricity line through his land and both the suits were
dismissed.
4.The learned counsel appearing for the appellant / fifth
respondent submitted that already electricity service connection has
been effected to the premises and hence, nothing survives for
adjudication in the Writ Appeal.
5.In view of the above, the Writ Appeal is dismissed as
infructuous. No costs. consequently, connected Miscellaneous Petition
is closed.
[P.S.N.,J] [S.K.,J.]
19.01.2021
Index :Yes/No
Internet :Yes/No
ps
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W.A(MD)No.1137 of 2014
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
To
1.The Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
Periyakulam, Theni.
2.The Assistant Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
Town Section,
Periyakulam, Theni.
3.The Commissioner,
Periyakulam Municipality,
Theni District.
http://www.judis.nic.in
W.A(MD)No.1137 of 2014
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
W.A(MD)No.1137 of 2014
19.01.2021
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