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2024 DIGILAW 1387 (MAD)

M. Palanisamy v. Chairman, Tamil Nadu Electricity Board

2024-06-24

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2024
JUDGMENT: [Judgment was delivered by S.M.SUBRAMANIAM, J.] Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 03.09.2021 and made in WP.No.10869 of 2013 by this Court and call for records of the 2nd respondent ending with proceedings dated 04.3.2013 in Letter No.U.Mi.Po./C.PaWest/Kattu-WP.4773/13/A.No.134/12-13 and quash the same and consequently direct the respondents 1 and 2 to disconnect power supply to encroachers in S.No.709/2, 3, Kalapatti Village, Coimbatore District as prayed in WP.No.10869/13. The writ appeal has been instituted challenging the writ order dated 03.09.2021 passed in W.P.No.10869 of 2013. 2. The learned Single Judge considered the facts in detail and held that the appellant herein shall take steps to effect delivery of possession by getting appropriate orders from the Execution Court and thereafter the service connection given by the Tamil Nadu Generation and Distribution Corporation (TANGEDCO) can be cancelled. The Writ Court has declined to interfere during the interregnum period when the Execution Petition proceedings are pending before the Competent Civil Court of Law. 3. In nut shell, the appellant claims to be the absolute owner of the subject property. This property was resumed by the Government. After resumption, the third parties encroached upon the subject property. Admittedly, 210 families are now residing in the said property. The resumption order issued by the Government was set aside by this Court. The appellant filed a suit for Specific Performance against his vendors. Suit decreed in favour of the appellant. Execution Petition filed is pending. Under these circumstances, the writ petition has been instituted for disconnecting the electricity service connection. 4. Electricity service connection is an essential service. When the appellant is a decree holder and an execution petition has been filed, he has to pursue the remedy before the Competent Civil Court for taking possession of the property and thereafter disconnect the electricity service connection by submitting an appropriate application before the Electricity Board. 5. Thus, the writ Court has rightly appreciated the factual situation prevailing in the subject property. Thus, we are not inclined to interfere with the impugned order. Consequently, the impugned order stands confirmed and the writ Appeal is dismissed. Connected Miscellaneous Petition is closed. No costs.