Madras High Court
Vijaya Baskaran vs The Superintending Engineer on 3 August, 2023
W.P.(MD)No.466 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.466 of 2021
and
W.M.P(MD)No.398 of 2021
Vijaya Baskaran ... Petitioner
vs
1.The Superintending Engineer,
TANGEDCO,
Pudukottai.
2.The Assistant Engineer,
Operation and Maintenance,
TANGEDCO, Manamelkudi,
Pudukottai.
3.The Assistant Executive Engineer,
Operation and Maintenance,
TANGEDCO, Aranthangi,
Pudukottai District.
4.Shanmuga Vadivel ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to
the order passed by the second respondent in his proceedings in
1/5
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W.P.(MD)No.466 of 2021
f.vz;.c.kp.ngh/,fh/kzit/Nfh.Gjpa tpz;zg;gk;/ m.vz;.350/2020, dated
18.11.2020 and quash the same as illegal, consequently directing the second
respondent to give electricity service connection to the petitioner's property
measuring to an extent of 1449 sq.feet comprised in Survey No.331/24B situated
at Oosi Kaliamman Kovil Street, Manamelkudi, Pudukottai District as per the
Tamil Nadu Electricity Distribution Code.
For Petitioner : Mr.T.Lenin Kumar
For R1 to R3 : Mr.S.Deenadhayalan
Standing Counsel
For R4 : Mr.R.Balakrishnan
*****
ORDER
This writ petition is filed for Writ of Certiorarified Mandamus to quash the
impugned order passed by the second respondent in his proceedings in
f.vz;.c.kp.ngh/,fh/kzit/Nfh.Gjpa tpz;zg;gk;/ m.vz;.350/2020, dated
18.11.2020 and for consequential direction to the second respondent to give
electricity service connection to the petitioner's property measuring to an extent
of 1449 sq. feet comprised in Survey No.331/24B situated at Oosi Kaliamman
Kovil Street, Manamelkudi, Pudukottai District as per the Tamil Nadu Electricity
Distribution Code.
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W.P.(MD)No.466 of 2021
2. Heard the learned counsel appearing for the petitioner, learned Standing
Counsel appearing for the respondents 1 to 3 and the learned counsel appearing
for the fourth respondent and perused the materials available on record.
3. The learned counsel appearing for the petitioner submitted that the fourth
respondent is objecting to grant electricity connection to the petitioner.
4. The learned counsel appearing for the fourth respondent submitted that
the fourth respondent has filed the second appeal and the same is pending before
High Court.
5. It is seen from the records that the fourth respondent had filed a suit in
O.S.No.3 of 2005, on the file of the District Munsif, Aranthangi for declaration
and injunction and the said suit was dismissed. Aggrieved over the said judgment
and decree, the fourth respondent filed the Appeal Suit in A.S.No.82 of 2017
before the Sub-Court, Aranthangi and the appeal was dismissed by confirming the
judgment and decree of the trial Court. Against which, the fourth respondent filed
the second appeal before this Court and the same is pending. The fourth
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W.P.(MD)No.466 of 2021
respondent cannot object to grant electricity connection endlessly, more so when
there is concurrent judgments against him.
6. In view of the above, the petitioner is directed to submit an undertaking
affidavit before the authorities that he will abide by the outcome of the second
appeal and also file an indemnity bond. Based on the undertaking and the
indemnity bond, the respondents 1 to 3 are directed to grant electricity connection
to the petitioner. It is made clear that the connection is subject to the result of the
second appeal. The electricity connection shall be granted within four weeks
from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is allowed in above terms. No cost.
Consequently, connected miscellaneous petition is closed.
03.08.2023
Index : Yes / No
Internet : Yes
am
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W.P.(MD)No.466 of 2021
S.SRIMATHY, J
am
Order made in
W.P.(MD)No.466 of 2021
03.08.2023
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