Kannimariyal. J v. The Executive Engineer (Distribution)

ORDER By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

¶2This writ petition is filed directing the respondents to grant electricity connection to the petitioner's house.

¶3The contention of the petitioner is that he was in possession of the land based on the assignment order passed by the Adhi Dravidar and Tribal Welfare Officer, Thoothukudi. Subsequently, the assignment order was cancelled by the authorities, since the petitioner did not construct any house within the stipulated time granted under the assignment order. However, the said cancellation order was passed without giving notice to the petitioner, hence challenging the cancellation, the petitioner has filed a writ petition in W.P(MD)No.15912 of 2022 and this Court has granted an order of stay, vide order, dated 21.07.2022.

¶4This Court is of the considered opinion, since there is interim order of stay, the petitioner is entitled to electricity connection until the disposal of the writ petition. Therefore, the respondents are directed to grant electricity connection.

¶5However, the respondents shall take a call after the disposal of the writ petition, which was filed challenging the assignment order. If the writ petition is allowed in favour of the petitioner, then electricity connection would continue. If the writ petition is dismissed then the respondents shall take steps to disconnect, after issuing notice to the petitioner and as per law.

¶6With these directions and observations, this Writ Petition is allowed. No Costs. Consequently, connected petition is closed. Index : Yes / No

11.05.2023 Internet : Yes

ksa S.SRIMATHY, J ksa W.P.(MD)No.11618 of 2023

11.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 11618 of 2023 and W.M.P(MD)No.10087 of 2023 J.Kannimariyal ... Petitioner Vs. 1.The Executive Engineer (Distribution), Tamil Nadu Electricity Board, Thiruchendur, Thoothukudi District. 2.The Assistant Executive Engineer, (Distribution), Tamil Nadu Electricity Board, Thiruchendur, Thoothukudi District. 3.The Assistant Engineer, (Distribution), Tamil Nadu Electricity Board, Kayamozhi, Thiruchendur Taluk, Thoothukudi District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to call for the records relating to the order passed by the 3rd respondent in f.vz;.c.kp.ngh./tp/fhahnkhop/Nfh.Gfhh;kD/m/vz;.115/23-24 dated 01.04.2023 and quash the same as illegal and direct the respondents to provide Electricity Connection to the petitioner's house at Door No.3/191, Sunami Nagar, Veerapandianpattinam, Thiruchendur Taluk, Thoothukudi District. For Petitioner : Mr.R.Velmurugan For Respondents : Mr.S.Deenadhayalan Standing Counsel