IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 22.2.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4004 of 2011 and M.P.No.1 of 2011 S.R.M.Jayaraman. ... Petitioner -Vs.- 1.Assistant Engineer, Operation and Maintenance, South Chennai, Electricity Distribution Circle, Tamil Nadu Electricity Board, Chinmaya Nagar, Chennai-600 092. 2.Assistant Executive Engineer, Tamil Nadu Electricity Department, Valasaravakkam, Chennai-87. 3.D.Michal. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the first respondent from disconnecting the Electricity Service Connection in Electricity Service Connection No.260-003-1839I in first cross street in Door No... Old No.109/A/3A, Natesan Nagar, Virugambakkam, Chennai 600 032 pending disposal of the explanation offered by the petitioner dated 15.2.2011. For petitioner : Mr.M.Rajasekhar For respondents : Mr.A.Selvendran for R1 and R2 : R3 dispensed with ----- https://hcservices.ecourts.gov.in/hcservices/ O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the first respondent from disconnecting the Electricity Service Connection in Electricity Service Connection No.260-003-1839I in first cross street in Door No... Old No.109/A/3A, Natesan Nagar, Virugambakkam, Chennai 600 032 pending disposal of the explanation offered by the petitioner dated 15.2.2011. 2. Mr.A.Selvendran, learned counsel takes notice on behalf of the respondents 1 and 2 electricity board. By consent of both the parties, the writ petition is taken up for final disposal. 3. The department has issued a show-cause notice to the third respondent, marking copy to the petitioner, said to be the agreement holder. According to the petitioner, there is dispute between the petitioner and the third respondent. The third respondent has requested the department to disconnect all the power supply at the above premises. Based on the request made by the third respondent, the show-cause notice dated 2.2.2011 has been issued. The authorities called upon the petitioner to give an explanation within thirty days. Petitioner received the said show cause notice on 4.2.2011 and gave reply on 15.2.2011. Petitioner seeks mandamus forbearing the first respondent from disconnecting the electricity supply till the issue is decided by the authority. 4. This Court is not inclined to go into the merits of the petitioner's claim as to whether he is an agreement holder or tenant or lawfully entitled to the property. Petitioner has given an explanation to the show-cause notice dated 2.2.2011 and that will be considered by the authority on merits after hearing the third respondent with regard to his objections. Since the interest of the third respondent has been safeguarded by this order, notice to the third respondent is dispensed with for the disposal of the writ petition. 5. The authority shall decide the issue as per the show-cause notice dated 2.2.2011 after hearing the writ petitioner and the third respondent within a time frame. It is made clear that if any amount is due and payable for current consumed by the petitioner in the meanwhile the petitioner is liable to settle the same to the department. The proceedings shall be concluded as per the show-cause notice dated 2.2.2011 on or before 31.3.2011. Till such time, if the petitioner is using the electricity supply, the authority shall not disconnect the same until final order is passed. https://hcservices.ecourts.gov.in/hcservices/ 6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ts To 1.The Assistant Engineer, Operation and Maintenance, South Chennai, Electricity Distribution Circle, Tamil Nadu Electricity Board, Chinmaya Nagar, Chennai-600 092. 2.The Assistant Executive Engineer, Tamil Nadu Electricity Department, Valasaravakkam, Chennai-87. +1 CC to Mr.A.Selvam, Advocate 13463 +1 CC to Mr.M.Rajasekar, Advocate 12711 W.P.No.4004 of 2011 NSM(CO) PKS 07/03/2011 https://hcservices.ecourts.gov.in/hcservices/