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Rengasamy vs The Superintending Engineer
2023 Latest Caselaw 9653 Mad

Citation : 2023 Latest Caselaw 9653 Mad
Judgement Date : 3 August, 2023

Madras High Court
Rengasamy vs The Superintending Engineer on 3 August, 2023
                                                                           W.P.(MD)No.533 of 2021

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 03.08.2023

                                                   CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                           W.P.(MD)No.533 of 2021

                 Rengasamy                                          ... Petitioner

                                                    vs

                 1.The Superintending Engineer,
                   Office of the Superintending Engineer,
                   Tamil Nadu Generation and Distribution
                              Corporation Limited,
                   Pudukkottai District.

                 2.The Divisional Engineer,
                   Tamil Nadu Generation and Distribution
                             Corporation Limited,
                   Mariyammankovil Street,
                   Gandharvakkottai Post and Taluk,
                   Pudukkottai District.

                 3.The Assistant Engineer,
                   Tamil Nadu Generation and Distribution
                             Corporation Limited,
                   Gandharvakkottai North,
                   Mariyammankovil Street,
                   Gandharvakkottai Post and Taluk,
                   Pudukkottai District.                            ... Respondents



                 1/5
https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.533 of 2021

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the third respondent to provide
                 electricity connection to the petitioner's house property in S.F.No.29/2B,
                 Manjampatti Village, Andanur, Gandharvakkottai Taluk, Pudukkottai District.

                                       For Petitioner    : Mr.P.Ganapathi Subramanian

                                       For R1 to R3      : Mr.S.Deenadhayalan
                                                           Standing Counsel

                                                         *****
                                                        ORDER

This writ petition is filed for a Writ of Mandamus directing the third

respondent to provide electricity connection to the petitioner's house property

situated in S.F.No.29/2B, Manjampatti Village, Andanur, Gandharvakkottai Taluk,

Pudukkottai District.

2. Heard the learned counsel appearing for the petitioner and the learned

Standing Counsel appearing for the respondents 1 to 3 and perused the materials

available on record.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.533 of 2021

3. Admittedly, there was a dispute between the petitioner and the other rival

claimants, namely, Suppan @ Subbaiah, Mahalingam, Somasundaram and

Kulanthaivelu. The petitioner has already filed a suit in O.S.No.72 of 2003, on the

file of the Principal District Munsif, Pudukkottai and the same was dismissed on

03.11.2004. Aggrieved over the same, the petitioner has preferred an appeal

before the Sub-Court, Pudukkottai in A.S.No.38 of 2008. The learned Sub Judge

has granted declaration in favour of the petitioner based on the sale deed.

Therefore, the petitioner is the owner of the property based on the judgment and

decree passed in A.S.No.38 of 2008.

4. In view of the above, this Court directs the petitioner to submit an

application, along with sale deed which is being referred in the suit as well as the

judgment and decree passed in A.S.No.38 of 2008 of the file of Sub-Court,

Pudukkottai to the respondents. The respondents shall consider the same and

grant the electricity connection to the petitioner. The said exercise shall be

completed within a period of four weeks from the date of receipt of a copy of this

order.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.533 of 2021

5. Accordingly, this writ petition is allowed in above terms. No cost.

03.08.2023

Index : Yes / No Internet : Yes

am

https://www.mhc.tn.gov.in/judis W.P.(MD)No.533 of 2021

S.SRIMATHY, J

am

Order made in W.P.(MD)No.533 of 2021

03.08.2023

https://www.mhc.tn.gov.in/judis

 
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