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P.K. Periyasamy v/s The Superintending Engineer, Tamil Nadu Generation & Distribution, Dindigul & Others


    W.P.(MD) No.3689 of 2019

    Decided On, 08 October 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Petitioner: J. Lawrance, Advocate. For the Respondents: Rajeswari, S.M.S. Johnny Basha, Advocates.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents herein to provide the electricity supply connection to the petitioner's property in Plot No.45, comprised in Survey No.408/3A at Cheran Nagar, Chettinaickenpatti Village, Dindigul Taluk, Dindigul District on the basis of the representation, dated 05.01.2019 within the time stipulated by this Court.)1. This Writ Petition has been filed for a Mandamus, seeking for a direction to direct the respondents to provide electricity supply connection to the petitioner's property being Plot No.45, comprised in Survey No.408/3A at Cheran Nagar, Chettinaickenpatti Village, Dindigul Taluk, Dindigul District, on the basis of his representation, dated 05.01.2019.2. Heard Mr.J.Lawrance, learned Counsel appearing for the petitioner and Mrs.Rajeswari, learned Counsel appearing for the respondent Nos.1 and 2.3. The petitioner claims to be the owner of the aforementioned land. There also seems to be a dispute, as regards ownership. The third respondent, who has been impleaded now in this Writ Petition, claims that the subject property is a temple property.4. No prejudice will be caused to the respondent Nos.1 and 2, if the representation, dated 05.01.2019, submitted by the petitioner seeking for electricity connection, is considered on merits and in accordance with law, after hearing the third respondent also. Since there are rival claims to the same property, the petitioner as well as the third respondent will have to be heard before final orders are passed by the first and second respondents, with regard to the petitioner's representation, dated 05.01.2019, which is the subject matter of the Writ Petition.5. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation, dated 05.01.2019 seeking for electricity supply connection to his property being Plot No.45, comprised in Survey No.408/3A at Cheran Nagar, Chettinaickenpatti Village, Dindigul Taluk, Dindigul District, after giving sufficient opportunity of hearing to the petitioner as well as the third respond

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ent and pass final orders on merits and in accordance with within a period of eight weeks from the date of receipt of a copy of this order.6.With the above directions, this Writ Petition is disposed. However, there is no order as to costs.
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