Madras High Court
Vellaiyammal vs The District Superintendent Of ... on 21 April, 2025
W.P.(MD)No.10305 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.10305 of 2025
and WMP (MD) No.7686 of 2025
Vellaiyammal : Petitioner
Vs.
1. The District Superintendent of Engineer,
Tamilnadu Generation and
Distribution Corporation Limited,
Madurai.
2. The Executive Engineer (Electricity),
Tamilnadu Generation and
Distribution Corporation Limited,
Samayanallur,
Madurai.
3. The Assistant Executive Engineer (Electricity),
Tamilnadu Generation and Distribution Corporation
Limited,
Samayanallur,
Madurai.
4. The Assistant Engineer (Distribution),
Tamilnadu Power Distribution
Corporation Limited,
Alanganallur,
Madurai. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorari, to call for the records pertaining
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W.P.(MD)No.10305 of 2025
to the impugned letter communication in Ka. No.
VuMiPo/Pa/Alangai/VaAa/Ko.Pugar/A.No.090/25, dated 18.03.2025,
issued by the fourth respondent and quash the same as illegal.
For Petitioner : Mr. R.Senthil Kumar
For Respondents : Mr.S.Deenadhayalan
Standing Counsel
ORDER
The present writ petition has been filed challenging the
letter communication dated 18.03.2025, issued by the fourth respondent.
2. Heard the learned counsel for the parties. By consent of
both parties, the Writ Petition is taken up for final disposal at the
admission stage itself.
3. The learned counsel for the petitioner would submit that,
following the demise of her son, the petitioner, along with her daughter-
in-law and grandchildren, has been residing in the property situated in
Survey No.399/21, Door No.6/32, Meyyappanpatti Kallanai Utkadai,
Vadipatti Taluk, Madurai District, for more than 40 years. She has also
been regularly paying the electricity charges pertaining to E.B. Service
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No.166-015-783.
4. The learned counsel would further submit that one
Karuppasamy filed a suit against the petitioner in O.S. No.98 of 2017,
which was decreed against her by the District Munsif Court, Vadipatti.
An appeal preferred against the said decree was dismissed, and the first
appellate court confirmed the decree of the trial court. Aggrieved by the
said judgment, the petitioner has filed a Second Appeal before this Court
in S.A.(MD) No.SR.19309 of 2025, which is currently pending.
5. The grievance of the petitioner is that, during the
pendency of the Second Appeal, at the instigation of one Vijaya, the wife
of the said Karuppasamy, the fourth respondent issued the impugned
communication regarding disconnection of electricity service.
Challenging the same, the present writ petition has been filed by the
petitioner.
6. The learned Standing Counsel appearing on behalf of the
respondents would submit that the letter communication sent to the
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petitioner is for the purpose of seeking explanation with regard to the
appeal filed by the petitioner and if the petitioner provides the
explanation, the same will be duly considered by the respondents and
shall pass appropriate orders in accordance with law.
7. Having considered the submissions of both parties and
taking note of the fact that the second appeal is pending before this
Court, the respondents shall maintain the status quo with respect to the
subject property for a period of three months. Meanwhile, the petitioner
shall pursue the pending second appeal concerning the title to the subject
property.
8. With the above directions, the Writ Petition stands
disposed of. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
21.04.2025
Index : Yes / No
Internet : Yes / No
PKN
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To
1. The District Superintendent of Engineer,
Tamilnadu Generation and
Distribution Corporation Limited,
Madurai.
2. The Executive Engineer (Electricity),
Tamilnadu Generation and
Distribution Corporation Limited,
Samayanallur,
Madurai.
3. The Assistant Executive Engineer (Electricity),
Tamilnadu Generation and Distribution Corporation
Limited,
Samayanallur,
Madurai.
4. The Assistant Engineer (Distribution),
Tamilnadu Power Distribution
Corporation Limited,
Alanganallur,
Madurai.
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VIVEK KUMAR SINGH, J.
PKN
21.04.2025
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