Madras High Court
R.S.Sornam vs The Superintending Engineer on 2 August, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.19363 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD)No.19363 of 2018
R.S.Sornam ... Petitioner
Vs.
1.The Superintending Engineer,
TANGEDGO,
Tuticorin District
Ettayapuram Road,
Tuticorin.
2.The Assistant Engineer (Distribution),
TANGEDGO,
Vallanadu,
Tuticorin District.
3.R.Rathinam ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 and 2 to
disconnect the electricity connection given to the 3rd respondent for
petitioner's land in S.No.105B/2B admeasuring 3A50C, situated at
Theivaseyalpuram, Srivaikuntam Taluk, Tuticorin District, based on
petitioner's representation dated. 24.08.2018.
For Petitioner : Mr.T.Selvan
For R1 and R2 : Mr.S.Deenadhayalan
Standing Counsel
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Page No. 1 of 5
W.P.(MD) No.19363 of 2018
For R3 : Mr.M.Sengu Vijay
ORDER
This Writ Petition has been filed for issuance of a Writ of
Mandamus, directing the respondents 1 and 2 to disconnect the electricity
service connection given to the 3rd respondent for petitioner's land in
S.No.105B/2B, admeasuring 3A50C, situated at Theivaseyalpuram,
Srivaikuntam Taluk, Tuticorin District, based on petitioner's
representation dated. 24.08.2018.
2. The petitioner claims to have purchased the subject property from
one K.Thirumalayappa Mudaliar, an Advocate, through the Sale Deed
dated 07.09.2020, registered as Document No.2373 of 2010. The third
respondent in turn had filed a suit for a specific performance in O.S.No.87
of 2009 before the Sub Court, Tuticorin.
3. It appears that the petitioner's vendor submitted to the decree and
the decree came to be passed on 18.09.2009. Pursuant to the decree dated
18.09.2009 passed in O.S.No.87 of 2009 by the Sub Court, Tuticorin, the
third respondent appears to have put up a construction over the property,
which was sold in favour of the petitioner by the petitioner's above said
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vendor namely, K.Thirumalayappa Mudaliar, the defendant in the suit
filed by the third respondent for a specific performance before the Sub
Court, Tuticorin, in O.S.No.87 of 2009.
4. Under these circumstances, the petitioner filed C.R.P.(MD)No.
1318 of 2012 under Article 227 of the Constitution of India against the
judgment and decree passed by the Sub Court, Tuticorin, on 18.09.2009.
After a detailed consideration, this Court by an order dated 18.10.2019,
allowed C.R.P.(MD)No.1318 of 2012 and thereby, set aside the judgment
and decree.
5. The rights of the third respondent over the property thus, stands
discredited in the view of the decision of this Court in C.R.P.(MD)No.
1318 of 2012 dated 18.10.2019. The third respondent has no legal rights
over the property.
6. The third respondent has also not challenged the order of this
Court dated 18.10.2019 in C.R.P.(MD)No.1318 of 2012. Therefore, the
third respondent can no longer squat in the property of the petitioner. The
third respondent cannot be given any facility which would be in
derogation of the rights of the petitioner.
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7. Under these circumstances, I do not see any reason why the
petitioner should be driven to another round of litigation to evict the third
respondent. Suffice to state the official respondents shall take steps to
cancel the electricity service connection given to the third respondent, as
the third respondent along with the said K.Thirumalayappa Mudaliar had
not only played a fraud on the petitioner but also on the Sub Court,
Tuticorin, while securing a judgment and decree dated 18.09.2009 in
O.S.No.87 of 2009 to defeat the rights of the petitioner.
8. This Writ Petition stands disposed of accordingly. No costs.
Index : Yes/ No 02.08.2024
Neutral Citation: Yes / No
Speaking Order / Non-Speaking Order
smn2
To
1.The Superintending Engineer,
TANGEDGO,
Tuticorin District
Ettayapuram Road,
Tuticorin.
2.The Assistant Engineer (Distribution),
TANGEDGO,
Vallanadu,
Tuticorin District.
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C.SARAVANAN, J.
smn2
02.08.2024
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