Madras High Court
K.Palanichamy vs The Superintending Engineer on 20 September, 2022
W.P(MD)No.14880 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.14880 of 2013
and
M.P(MD)No.1 of 2013
K.Palanichamy ... Petitioner
Vs.
1.The Superintending Engineer,
Tamil Nadu Generation and
Distribution Corporation Limited,
Kovai Road,
Karur.
2.The Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation and
Distribution Corporation Limited,
Kovai Road,
Karur.
3.The Assistant Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation and
Distribution Corporation Limited,
Velliyanai and Post,
Karur Taluk & District.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14880 of 2013
4.Murugesan ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents 1 to 3, not to disconnect the electricity connection in SC No.
9 in SF No.1515/7, situated at Kattari Goundanur, Velliyanai South
Village, Velliyanai post, Karur Post & Taluk, Karur District and
consequently direct the respondents 1 to 3 to follow the procedure
contemplated under Tamilnadu Electricity Act on the basis of the
representation of the petitioner, dated 30.08.2013 and pass such further
or other orders as this Court.
For Petitioner : M/s.E.K.Kumaresan
for Mr.K.Suresh
For R-1 to R-3 : M/s.S.Deenadhayalan
Standing Counsel
For R-4 : Mr.M.Karthikeya Venkatachalapathy
ORDER
The present Writ Petition has been filed seeking a Writ of
Mandamus, not to disconnect the electricity service connection in
S.C.No.9 in S.F.No.1515/7.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14880 of 2013
2. According to the writ petitioner, the fourth respondent without
any right or title is attempting to disturb his possession and attempting to
disconnect the electricity service connection. Hence, the present writ
petition.
3. The learned Counsel appearing for the private respondent,
brought to the notice of the Court that the writ petitioners have filed
O.S.No.284 of 2013 on the file of the District Munsif Court, Karur,
claiming their right to use the same service connection during their turn
days. The said prayer was rejected by the trial Court along with other
prayers. The petitioner herein had filed A.S.No.14 of 2015 before the
Additional Subordinate Court, Karur. The learned Subordinate Judge was
pleased to dismiss the appeal. The appeal was dismissed for default on
20.01.2020. Hence, as on today, the prayer of the writ petitioner that he
is having right over electricity service connection No.9 has been rejected
by the civil Court. Hence, no orders could be granted to the writ
petitioner, directing the Electricity Board, not to disconnect the
electricity service connection.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14880 of 2013
4. A perusal of the judgement and decree of the trial Court would
reveal that the petitioner has no right to draw water using electricity
service connection No.9. Hence, in view of the above said facts, the writ
petition stands dismissed. However, if the judgment and decree of the
trial Court are reversed by the appellate Court, the petitioner is at liberty
to approach the Electricity Board again for restoration for electricity
service connection.
5. With the above said observations, the writ petition stands
dismissed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
20.09.2022
Index : Yes / No
Internet : Yes / No
btr
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14880 of 2013
To
1.The Superintending Engineer,
Tamil Nadu Generation and
Distribution Corporation Limited,
Kovai Road,
Karur.
2.The Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation and
Distribution Corporation Limited,
Kovai Road,
Karur.
3.The Assistant Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation and
Distribution Corporation Limited,
Velliyanai and Post,
Karur Taluk & District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14880 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.14880 of 2013
20.09.2022
https://www.mhc.tn.gov.in/judis
