1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.6695 of 2011 & M.P.(MD).No.1 of 2011 Senraman ... Petitioner Vs. 1.The Assistant Executive Engineer, (Distribution), Tamil Nadu Electricity Board, Andipatty, Theni District. 2.The Junior Engineer,(Distribution), Tamil Nadu Electricity Board, Andipatty, Theni District. 3.The Executive Engineer(Distribution), Tamil Nadu Electricity Board, Periyakulam, Theni District. 4.Mrs.Logalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus forbearing the second respondent for disconnecting the existing electric connection in S.C.No.536-001-290 in the petitioner's house in Door.No.3/60A situated in Old S.No.94 and new S.No.337/2 at Mrigundu Village, Andipatty Taluk, Theni District. For Petitioner :Mr.V.Kannan For Respondents :Mr.SMS.Johnny Basha for R1 to R3 Mr.D.Sadiq Raja for R4 ORDER The petitioner is enjoying a service connection in S.No.337/2, bearing Door No.3/60A at Marigundu Village, Andipatty Taluk and the service connection is S.C.No.536-001-290. The petitioner was faced with a civil litigation before the District Munsif Court, Andipatty in O.S.No.44 of 2009 and his wife Saratha is the first defendant in the suit. 2. It is the case of the petitioner that the plaintiff in the suit apart from seeking injunction against trespass also sought for a permanent injunction against the petitioner's wife. The petitioner also came to know that the fifth respondent made a complaint to the Electricity Department that the electricity supply was secured fraudulently and that it should be disconnected. 3. The petitioner coming to know that such a likelihood of the plaintiff in the suit making complaint, the electricity board may be inclined to enquire into the complaint. Therefore, he sent a representation dated 21.06.2011 describing as an objection statement stating that the board should not take note of the complaint, if any made https://hcservices.ecourts.gov.in/hcservices/ 2 by Logalakshmi, the plaintiff in the suit and service connection should not be disconnected. He also stated that the suit in O.S.No.44 of 2009 is pending and the contentions of the Logalakshmi is disputed by the petitioner's wife. 4. Notwithstanding sending the objection statement, he had filed the present writ petition seeking for a direction forbearing the second respondent, Junior Engineer, (Distribution), Tamil Nadu Electricity Board, Andipatty, from disconnecting his existing service connection in S.C.No.536-001-290 situated in his residence at Marigundu Village, Andipatty Taluk. 5. When the matter came up on 28.06.20011, this Court, while ordering notice of motion granted an interim injunction for disconnection of the service connection if not disconnected so far. 6. It is stated that so far the service connection has been not disconnected by the respondents. However, the writ petition filed on the basis of apprehension cannot be entertained and the petitioner, on coming to know such an objection may be raised by the plaintiff in the suit, had already given his objection before the authorities. In case the authorities are inclined to take note of the allegations made, if any by the third parties, it is needless to state that the petitioner will be heard on those objections and appropriate decision will be taken in the light of the rules relating to electricity supply. 7. The standing counsel for the respondent board states that any disconnection will be made without due notice and proper procedure will be followed taking note of the said objections. The writ petition is disposed of with a direction to the respondent electricity board to follow the Rules in accordance with law, if any disconnection has to be made in the existing service connection. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar To 1.The Assistant Executive Engineer,(Distribution), Tamil Nadu Electricity Board, Andipatty, Theni District. 2.The Junior Engineer,(Distribution), Tamil Nadu Electricity Board, Andipatty, Theni District. 3.The Executive Engineer(Distribution), Tamil Nadu Electricity Board, Periyakulam,Theni District. +1CC TO M/S.V.KANNAN, ADVOCATE SR : 36222 Jikr : SR : 02.11.2011 : 2p/5c Order made in W.P.(MD)No.6695 of 2011 & M.P.(MD).No.1 of 2011 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/