Madras High Court
Natesan vs Rajeshwaran ... 1St on 19 October, 2023
W.A.(MD) No.1841 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.1841 of 2023
and C.M.P.(MD) No.14052 of 2023
1.Natesan
2.Angel Mary ... Appellants/Respondents 3 & 4
-Vs.-
1.Rajeshwaran ... 1st Respondent/Writ Petitioner
2.The Assistant Engineer,
TANGEDCO,
Suriyacode, Killiyoor Taluk,
Kanyakumari District.
3.The Inspector of Police (L&O),
Kaliyakavilai Police Station,
Kaliyakavilai,
Kanyakumari District. ... Respondents 2 & 3/
Respondents 1 & 2
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 14.07.2023 made in W.P.(MD)No.18034 of 2022
on the file of this Court.
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1841 of 2023
For Appellants : Mr.S.C.Herold Singh
For Respondent : Mr.M.Veeranthiran
Government Advocate for R3
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The Writ Appeal has been instituted against the order dated
14.07.2023, passed in W.P.(MD)No.18034 of 2022.
2. The respondents 3 and 4 in the Writ Proceedings are
appellants before us. The first respondent filed the Writ Petition, seeking
the relief to direct the Assistant Engineer, TANGEDCO, Suriyacode,
Killiyoor Taluk, Kanyakumari District, to restore the EB Service
Connection No.198-006-168 for the 1st respondent's house property with
Door No.14-169 in Charappazhanji, Athemcode Village, Methukummal
Post, Killiyoor Taluk, Kanyakumari District. A civil suit between the
appellants and their family members are pending. The first respondent
defaulted in payment of electricity charges. Thus, the connection was
disconnected by the authorities of the TANGEDCO. The first respondent
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1841 of 2023
filed a Writ Petition, seeking restoration of electricity service connection.
Learned Single Judge considering the issues and also the objections
raised by the appellants herein for restoration of service connection,
directed the authorities of the TANGEDCO to restore service connection
in the premises of the first respondent on payment of consumption
charges.
3. Learned counsel appearing on behalf of the appellants
mainly contended that the electricity cables are supposed to be laid
through the property belonging to the appellants.
4. It is for the appellants to submit objections, if any, regarding
this issue and the authorities are at liberty to consider the same in
accordance with the Tamil Nadu Electricity Supply Code, 2004 and the
Indian Telegraph Act, 1885. We are not expressing any opinion regarding
laying of cables, which is to be done in the manner known to law. As far
as the restoration of electricity service connection is concerned, even the
appellants have no objection and thus, we do not find any error in the
order impugned warranting interference from the hands of this Court.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1841 of 2023
5. With the above observations, the Writ Appeal stands
dismissed and the order impugned is confirmed. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 19.10.2023
Index :Yes/No
SJ
To
1.The Inspector of Police (L&O),
Kaliyakavilai Police Station,
Kaliyakavilai,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1841 of 2023
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) No.1841 of 2023
19.10.2023
https://www.mhc.tn.gov.in/judis
