Madras High Court
Thangamani vs The Chief Engineer on 27 January, 2021
W.P. No.4348 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM:
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.4348 of 2015
and
M.P.No.1 of 2015
Thangamani,
W/o.Duraisamy ... Petitioner
Vs
1. The Chief Engineer,
TANGEDCO, Erode.
2. The Executive Engineer,
TANGEDCO, Erode-South.
3. The Asst. Executive Engineer,
TANGEDCO, Kodumudi.
4. The Asst. Junior Engineer
(Operation & Maintenance)
TANGEDCO, Tamaraipalayam,
Erode District.
5. Yuvarani,
D/o. Arjunan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No.4348 of 2015
an enquiry for disconnecting the Service Connection to the agricultural
land measuring an extent of 0.25.5 Ars comprised in Re-Survey No.390/3
of Konthalam.A Village, Erode Taluk, Erode District in favour of the 5th
respondent.
For Petitioner : Mr.Thiageswaran
for Mr.M.Saravanakumar
For R1 to R4 : Mr.N.Damodaran
For R5 : No appearance
ORDER
The present writ petition has been filed by the petitioner for a
Mandamus, directing the 1st to 4th respondents to conduct enquiry for
disconnecting the Service Connection to the agricultural land measuring
an extent of 0.25.5 Ars comprised in Re-Survey No.390/3 of
Konthalam.A Village, Erode Taluk, Erode District in favour of the 5 th
respondent.
2. The petitioner relates to the owner of the free land alloted by the
Government of Tamil Nadu on 15.09.2016. It is submitted that the 5th
respondent claiming rights over the same has obtained power connection
and under these circumstances, representations dated 12.02.2015,
13.02.2015 were sent to the 1st to 4th respondents. However, these
https://www.mhc.tn.gov.in/judis/
W.P. No.4348 of 2015
representations have not been considered by the 1st to 4th respondents. It
is further submitted that the 5th respondent had filed a suit in O.S.No.125
of 2006 before the District Munsif Court, Kodumudi, for permanent
injunction to restrain the petitioner and her husband's brother not to
interfere with the peaceful possession and enjoyment of the property.
Further, the suit filed by the 5th respondent was dismissed by the District
Munsif, Kodumudi vide a Judgment and Decree dated 23.07.2008.
3. It was observed that the land absolutely belong to the
Government and therefore, was alloted to the petitioner. Be that as it
may, it is noticed that the 5th respondent has filed an appeal in A.S.No.58
of 2009 before the Principal District Court, Erode, wherein, Judgment
was passed by the District Munsif Court, Kodumudi was set aside.
Against the said order, the petitioner has preferred an appeal in
S.A.No.154 of 2010, and had obtained stay and attempt of the petitioner,
to seek disconnection of the power supply in respect of the 5 th respondent
cannot be permitted. Subsequently there cannot be a direction to the
respondents to consider the application/representation of the petitioner at
this stage.
https://www.mhc.tn.gov.in/judis/
W.P. No.4348 of 2015
4. The right of the petitioner over the land is still subject matter of
the second appeal in S.A.No.154 of 2010. Considering the same, I find
no merits in the present writ petition. Accordingly, the present writ
petition is liable to be dismissed. At the same time, it is made clear that
in case the petitioner succeeds in S.A.No.154 of 2010, it was open for the
petitioner to approach the 1st to 4th respondents for disconnecting the
power connection.
5. This Writ Petition stands dismissed with the above observation.
No costs. Consequently, connected miscellaneous petition is closed.
27.01.2021
arb
Index : Yes/No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
W.P. No.4348 of 2015
To
1. The Cheif Engineer,
TANGEDCO, Erode.
2. The Executive Engineer,
TANGEDCO, Erode-South.
3. The Asst. Executive Engineer,
TANGEDCO, Kodumudi.
4. The Asst. Junior Engineer
(Operation & Maintenance)
TANGEDCO, Tamaraipalayam,
Erode District.
https://www.mhc.tn.gov.in/judis/
W.P. No.4348 of 2015
C.SARAVANAN,J.
arb
W.P.No.4348 of 2015
and
M.P.No.1 of 2015
27.01.2021
https://www.mhc.tn.gov.in/judis/
