Madras High Court
H.Farook vs Durai Ganesh on 8 June, 2021
W.A.(MD).No.208 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.06.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD).No.208 of 2019
C.M.P.(MD).No.1741 of 2019
H.Farook ...Appellant
Vs.
1.Durai Ganesh
2.The Superintending Engineer,
Tamil Nadu Generation and Distribution,
Corporation Limited, TANGEDCO,
Tanjore,
Tanjore District.
3.The Assistant Engineer,
Tamil Nadu Generation and Distribution,
Corporation Limited, TANGEDCO,
Adirampattinam,
Pattukottai Taluk,
Tanjore District.
4.Savithiri ... Respondents
1/5
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W.A.(MD).No.208 of 2019
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set
aside the order dated 22.12.2017 in W.P(MD).No.24030 of 2017 on the
file of this Court.
For Appellant : Mr.T.Lajapathi Roy
For Respondents : Mr.N.Balakrishnan for R1
M/s.S.Srimathy
for Mr.SMS.Johny Basha
for RR2 & 3
R4-No appearance
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This appeal filed by a third party is directed against the order and
directions issued in W.P(MD).No.24030 of 2017 dated 22.12.2017.
2. Heard, Mr.T.Lajapathi Roy, learned counsel appearing for the
appellant and Mr.N.Dilip Kumar, learned counsel represeing
Mr.Balakrishnan, learned counsel on record for the first respondent and
Mrs.Srimathy, learned counsel appearing for the respondents 2 and 3.
Notice to the fourth respondent has been served and her name has been
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W.A.(MD).No.208 of 2019
printed in the cause list and none appears for the fourth respondent.
3. The first respondent/writ petitioner challenged the order passed
by the third respondent herein dated 06.12.2017, by which, the
application filed by him for grant of electricity service connection for his
Shrimp Farm was rejected. The learned Writ Court examined the facts
and found that there was some disputes between the first respondent and
the fourth respondent herein. In any event, such disputes cannot prevent
the Electricity Board from granting service connection and accordingly,
allowed the writ petition.
4. The appellant, who is the third party, has now come forward
through a case stating that the Shrimp Farm has not been established in
the land in question. The land falls within the prohibited distance as it is
located inside the coastal regulation zone. It is alleged that the first
respondent has encroached the Government land. All these issues were
not the reasons for which electricity service connection was refused to
the premises of the first respondent. Therefore, by way of this third party
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W.A.(MD).No.208 of 2019
writ appeal, a new case cannot be allowed to be set up. Therefore, we
find on the grounds raised by the appellant that the order and the
directions issued in the writ petition cannot be set aside.
5. Accordingly, the Writ Appeal is dismissed. However, this
judgment will no manner prejudice the appellant from working out his
remedy before the appropriate forum in the manner known to law. No
costs. Consequently, connected miscellaneous petition is also closed.
(T.S.S.,J.) (S.A.I.,J.)
08.06.2021
Index : Yes/No
Internet : Yes/No
ssb/tta
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.
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W.A.(MD).No.208 of 2019
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
ssb/tta
To
1.The Superintending Engineer,
Tamil Nadu Generation and Distribution,
Corporation Limited, TANGEDCO,
Tanjore,
Tanjore District.
2.The Assistant Engineer,
Tamil Nadu Generation and Distribution,
Corporation Limited, TANGEDCO,
Adirampattinam,
Pattukottai Taluk,
Tanjore District.
Order made in
W.A.(MD).No.208 of 2019
Dated:
08.06.2021
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