WP(MD)/29474/2024 of Thomai Tamil Doss Vs The Superintending Engineer - Madras High Court (Madras High Court)

W.P.(MD).No.29474 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED  : 09.12.2024
CORAM
 THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.29474 of 2024
and
W.M.P.(MD)No.24852 of 2024
Thomai Tamil Doss      
  
      
      
  ... Petitioner
Vs.
1.The Superintending Engineer,
   TANGEDCO,
   Sivagangai,
   Sivagangai District.
2.The Executive Engineer,
   TANGEDCO,
   Sivagangai,
   Sivagangai District.
3.The Assistant Engineer,
   TANGEDCO,
   Town Section,
   Sivagangai,
   Sivagangai District.
4. Veerapathiran 
  
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, 
praying  this Court  to issue  a Writ  of Certiorari, to call for  the  records 
pertaining  to  the  impugned  notice  issued  by  the  3rd respondent  vide 
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https://www.mhc.tn.gov.in/judis

W.P.(MD).No.29474 of 2024
proceedings in Ka.No.Vu.Mi.Po / Na/SiVa/ Va.Aa/Ko.Manu/Aa.No. 311/24, 
dated 25.11.2024 and quash the same.
For Petitioner
 :  Mr.A.R.Kannappan
For R-1 to R-3
 :  Mr.S.Deenadhayalan,
    Standing counsel
ORDER
By consent of both the parties, this writ petition is taken up for final 
hearing at the admission stage itself.
2.Challenging the notice issued by the 3rd respondent by proceedings 
dated 25.11.2024 directing the petitioner to produce all the title documents 
with  respect  to  the  house  property  bearing  door  No.  4/3,  Sivagangai 
Municipality, failing which, the electricity connection to the door No.4/3 
would be disconnected, this writ petition is filed.
3.Considering  the  limited  scope  of  the  relief  sought  for  by  the 
petitioner herein, notice to the 4th respondent is dispensed with.
4.Heard the learned counsels on either sides and carefully perused the 
materials available on record.
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W.P.(MD).No.29474 of 2024
5.The learned counsel for the petitioner submitted that the petitioner 
is the owner in title and possession of buildings bearing door Nos.4/3, 
190/6A and 192/A. However, he has availed an electricity connection from 
the  respondent  corporation  only  with  respect  to  door  Nos.  190/6A  and 
192/A. The respondent corporation vide impugned notice dated 25.11.2024 
had required the petitioner to produce the title deeds of the building in door 
No.4/3,  failing  which,  the  electricity  connection  would  be  disconnected. 
However, there is no electricity connection at all in the building bearing door 
No.4/3 and further he submitted that in the guise of disconnecting the 
current  connection  in  door  No.4/3,  they  are  trying  to  disconnect  the 
electricity connection in door No.192/A. 
6.In view of the submissions made by the petitioner, the impugned 
order is hereby quashed and remanded back to the 3rd respondent. The 3rd 
respondent is directed to issue notice both to the petitioner as well as the 4th 
respondent and give an opportunity of personal hearing. The petitioner is 
directed to produce all the necessary documents which would substantiate 
his claim. The 3rd respondent, after hearing both the parties, is directed to 
pass appropriate orders within a period of twelve (12) weeks from the date of 
receipt of a copy of this order. 
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W.P.(MD).No.29474 of 2024
7.With the above directions, this writ petition stands allowed. There 
shall  be  no  order  as  to  costs.  Consequently  connected  miscellaneous 
petition is closed.
 
09.12.2024
NCC
 : Yes / No
Index  
 : Yes / No
Internet
 : Yes
Sml
To
1.The Superintending Engineer,
   TANGEDCO,
   Sivagangai,
   Sivagangai District.
2.The Executive Engineer,
   TANGEDCO,
   Sivagangai,
   Sivagangai District.
3.The Assistant Engineer,
   TANGEDCO,
   Town Section,
   Sivagangai,
   Sivagangai District.
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https://www.mhc.tn.gov.in/judis

W.P.(MD).No.29474 of 2024
L.VICTORIA GOWRI, J.
                  
Sml
W.P.(MD).No.29474 of 2024
09.12.2024
  
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