Selvaraj vs The Superintending Engineer
2024 Latest Caselaw 7443 Mad

Madras High Court

Selvaraj vs The Superintending Engineer on 3 April, 2024

Author: N.Seshasayee

Bench: N. Seshasayee

                                                                                 W.A(MD)No.147 of 2017

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 03.04.2024

                                                       CORAM

                                             JUSTICE N. SESHASAYEE
                                                        and
                                               JUSTICE P.VADAMALAI

                                            W.A(MD) No.147 of 2017
                                                     and
                                       C.M.P(MD)Nos.1589 and 1590 of 2017

                     Selvaraj                                 ... Appellant/Petitioner

                                                            Vs.

                     1.The Superintending Engineer,
                       Tamilnadu Generation of Electricity and
                       Distribution Corporation,
                       Ramanathapuram.

                     2.The Assistant Electrical Engineer,
                       Urban/North,
                       Ramanathapuram.

                     3.Sridharan                              ... Respondents/Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the order
                     dated 04.01.2017 made in W.P(MD)No.11353 of 2013.




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https://www.mhc.tn.gov.in/judis
                                                                                W.A(MD)No.147 of 2017

                                    For Appellant     :Mr.S.Muthukrishnan
                                    For R-1 & R-2     :Mr.S.M.S.Johny Basha
                                    For R-3           :Mr.J.Barathan


                                                        JUDGMENT

(Judgment of the Court was delivered by N.SESHASAYEE, J.)

The present writ appeal is filed challenging the order of a learned Single

Judge in W.P(MD)No.11353 of 2013, dated 04.01.2017.

2. The grievance of the appellant/writ petitioner was that a notice for

disconnection of electricity connection upon the TANGEDCO finding that

the very application submitted for obtaining electricity connection was forged

as it had the signature of dead persons.

3. Before the learned Single Judge, a copy of the alleged fabricated

application was produced and taking into account the facts put forth before

him, the learned Single Judge had passed an order holding that the Court

cannot aid those who engaged in fraudulent practices and dismissed the writ

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

petition. This order of the learned Single Judge is now under challenge.

4.1 Heard both sides and perused the materials. The learned counsel for the

appellant submitted that the application produced before the learned Single

Judge is not the application which the appellant had filed. However, this

aspect of the matter does not appear to have been taken before the learned

Single Judge as the order under challenge does not disclose any such fact.

4.2 According to the learned counsel for the third respondent, it is an

afterthought invented for sustaining this appeal.

5. Without getting into the merits of the rival contentions, this Court merely

directs that the appellant, if he is so desirous, to make an application for

electricity connection within a period of four weeks from the date on which

this order is hosted in the official web-site and the respondents 1 and 2, shall

take a call only after putting the third respondent herein on notice about the

same. Till then, the parties shall maintain status-quo as on today.

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6. This writ appeal is disposed of accordingly. No Costs. Consequently,

connected Miscellaneous Petitions are closed.

                                                            (N.S.S., J.)          (P.V.M., J.)
                                                                       03.04.2024

                     NCC : Yes/No
                     Index : Yes/No
                     Internet : Yes
                     PM


                     To

                     1.The Superintending Engineer,

Tamilnadu Generation of Electricity and Distribution Corporation, Ramanathapuram.

2.The Assistant Electrical Engineer, Urban/North, Ramanathapuram.

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

N. SESHASAYEE, J.

and P.VADAMALAI, J.

PM

03.04.2024

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