Madras High Court
Unknown vs The Chairman-Cum-Managing ... on 6 October, 2021
W.P.No. 21580 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.21580 of 2019
& W.M.P. No. 20786 of 2019
1. Venkatachalpathy Naidu
2. M.Udayakumar
3. K.Manjula
4. M.Geetha
5. R.Dhanaraj
6. R.Govindaraj
7. S.G.Janarthanan
8. S.G.Lakshmipathi
9. S.G.Padmanabhan
10. D.Suryakumari
11. R.Jayalakshmi
1/7
https://www.mhc.tn.gov.in/judis/
W.P.No. 21580 of 2019
12. J.Girija ... Petitioners
-Vs-
1. The Chairman-cum-Managing Director
TANGEDCO, No.144 Anna Salai,
Chennai 600 002.
2. The Superintending Engineer,
Kancheepuram Electricity Distribution Circle,
TANGEDCO, Kancheepuram District.
3. The Executive Engineer/O&M,
TANGEDCO at Thirumazhisai
Tiruvallur District
4. The Assistant Executive Engineer/O&M
TANGEDCO, KEDC, Kadambattur,
Tiruvallur Taluk and District.
5. The Junior Engineer/O&M
TANGEDCO, KEDC, Perambakkam,
Tiruvallur Taluk and District.
6. T.Karunanithi ... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus directs the respondents
1 to 5 to disconnect the illegal connection given to the sixth respondent
against the Court verdict passed in O.S. No. 711 of 1989 on the file of
the Distrit Munsif, Thiruvallur.
2/7
https://www.mhc.tn.gov.in/judis/
W.P.No. 21580 of 2019
For Petitioners : M/S R.Karunagaran
For Respondents : Mr. L.Jai Venkatesh
Standing Counsel
ORDER
This writ petition has been filed for the issue of writ of
Mandamus directing the respondents 1 to 5 to act upon the
representation made by the petitioners on 30.09.2018, wherein the
petitioner has sought for disconnection of the service connection given
to the 6th respondent.
2. The father of the 6th respondent claimed ownership over the
subject property and filed a suit in O.S. No. 879 of 1988 for the relief of
permanent injunction before the District Munsif Court at Thiruvallur.
The petitioners also filed a suit in O.S.No. 711 of 1989 against
respondents 3 to 5 and also the father of the 6th respondent seeking for
the relief of permanent injunction not to effect electricity service
https://www.mhc.tn.gov.in/judis/
W.P.No. 21580 of 2019
connection.
3. The learned District Minsif of Thiruvallur by judgment and
decree dated 24.02.1997 decreed the suit filed by the petitioners and
dismissed the suit filed by the father of the 6th respondent.
4. The judgment and decree passed in both the suits were
taken on appeal by the father of the 6th respondent and the appeal was
filed with delay. The Condone Delay Petitions came to be dismissed by
an order dated 10.09.2013. Thus, the judgment and decree passed in
both the suits became final.
5. The petitioners thereafter made a representation to the
respondents to act upon the decree passed by the competent Civil Court
and to withdraw the service connection given in the name of the 6 th
respondent. Since the same was not acted upon, the present writ
petition has been filed before this Court seeking for approriate
directions.
https://www.mhc.tn.gov.in/judis/
W.P.No. 21580 of 2019
6. Heard learned counsel for the petitioners and the learned
counsel appearing on behalf of the respondents.
7. Taking into consideration the facts and circumstances of the
case and also considering the judgment and decree passed in O.S.
No.879 of 1988 and O.S. No. 711 of 1989 and also the Counter Affidavit
filed by the 5th respondent, there shall be a direction to the 5th
respondent to act upon the representation made by the petitioners on
30.09.2018 in line with the decrees passed by the competent Civil court
and a decision shall be taken strictly in accordance with law within a
period of 4 weeks from the date of receipt of the copy of this order.
8. The petitioners are directed to make a fresh representation
to the 5th respondent along with all the relevant documents and also a
copy of this order.
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W.P.No. 21580 of 2019
9. This writ petition is disposed of with the above directions. No
costs. Consequently, the connected miscellaneous petition is closed.
06.10.2021
Index : Yes/No
Internet : Yes/No
sha
To
1. The Chairman-cum-Managing Director
TANGEDCO, No.144 Anna Salai,
Chennai 600 002.
2. The Superintending Engineer,
Kancheepuram Electricity Distribution Circle,
TANGEDCO, Kancheepuram District.
3. The Executive Engineer/O&M,
TANGEDCO at Thirumazhisai
Tiruvallur District
4. The Assistant Executive Engineer/O&M
TANGEDCO, KEDC, Kadambattur,
Tiruvallur Taluk and District.
5. The Junior Engineer/O&M
TANGEDCO, KEDC, Perambakkam,
Tiruvallur Taluk and District.
https://www.mhc.tn.gov.in/judis/
W.P.No. 21580 of 2019
N.ANAND VENKATESH, J.
sha/rka
Writ Petition No.21580 of 2019
& W.M.P. No. 20786 of 2019
06.10.2021
https://www.mhc.tn.gov.in/judis/
