Disposed

Suriyadeepan v. The Additional Executive Engineer

Madras HC21 Oct 2024WP(MD)/10230/2024

Case brief

AI extract

What is this about?

The Madras High Court held that amidst a pending eviction suit and arrears, the petitioner must execute an indemnity bond, deposit rent arrears, and pay a monthly sum to the court to enable the executing authority to grant the electricity connection, rather than immediately securing a NOC from the third respondent.

What did the court decide?

Petitioner directed to execute indemnity bond, pay arrears, and deposit ₹10,000 monthly with the Additional Sub Court, Thanjavur as condition for electricity connection.

Suriyadeepan Vs The Additional Executive Engineer — Service and Employment | Madras HC (2024)

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W.P.(MD)No.10230 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.(MD)No.10230 of 2024

Suriyadeepan

... Petitioner

The Additional Executive Engineer, TANGEDCO, Near Manimandapam, Pudukkottai Road, Thanjavur.

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The Assistant Executive Engineer, TANGEDCO/West Region, Operation and Maintenance, E.B.Colony, Nanjikottai Road, Thanjavur.

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Selvaraj

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... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2^nd respondent in Ka.No.U.Po/E and Para / West / Thanjai/ Ko.Nakariyam/A.No.012/24, dated 12.04.2024 and quash the same and consequently direct the 2^nd respondent to provide Electricity Connection in S.No.202/5, situated at Mathakottai, Nanjikottai Taluk, Thanjavur District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10230 of 2024

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For Petitioner : Mr. G.Karnan For Respondents : Mr.S.Deenadhayalan (R1,R2) Standing Counsel

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Mr.A.Senthilkumar (R3)

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O R D E R

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This Writ Petition has been filed challenging the impugned order passed by the 2^nd respondent in Ka.No.U.Po/E and Para / West / Thanjai/ Ko.Nakariyam/A.No.012/24, dated 12.04.2024 and direct the 2^nd respondent to provide Electricity Connection in S.No.202/5, situated at Mathakottai, Nanjikottai Taluk, Thanjavur District.

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2.Heard the learned counsel appearing for the petitioner, learned

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Standing Counsel appearing for the respondents 1 & 2 and the learned counsel for the 3^rd respondent.

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3. The petitioner's case is that he is a tenant with the third respondent. There is a dispute between the petitioner and the 3 rd respondent. In this regard, a suit in O.S.No.81 of 2021 is also pending between the parties. To provide electricity connection, No-objection certificate is required by the respondents. At

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10230 of 2024

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this stage, the third respondent is not willing to give No-objection certificate. However, the petitioner is ready to give indemnity bond.

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4.The learned counsel for the third respondent submitted that the petitioner is not paying the rent regularly. In this regard, he has filed a petition in R.L.T.O.P.No.14 of 2021 before the Additional District Munsif Court, Thanjavur and a suit in O.S. No.386 of 2024 before the Additional Sub Court, Thanjavur and the same are pending. Hence, prays to dismiss the petition.

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5.It is seen that the subject property is in possession of the petitioner is not disputed by the parties. Admittedly, the civil suit is pending between the parties for eviction. At this stage, issuance of no objection certificate from the 3^rd respondent cannot be accepted.

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6.Considering the aforesaid facts, the petitioner has to execute indemnity bond before the respondents 1 and 2 to provide electricity connection. Further, the petitioner shall deposit all the arrears of rent and to pay a sum of Rs. 10,000/- (Rupees Ten Thousand only) per month to the credit of O.S.No.386 of 2024 on the file of Additional Sub Court, Thanjavur, without prejudice to his

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10230 of 2024

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rights in the civil suit.

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7.It is made clear that the amount as ordered by this Court is not paid

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by the petitioner, the 3rd respondent shall approach this Court to initiate action against the petitioner. With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

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21.10.2024

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NCC : Yes/No Index : Yes/No PNM

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1.The Additional Sub Judge, Thanjavur.

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The Additional Executive Engineer, TANGEDCO, Near Manimandapam, Pudukkottai Road, Thanjavur.

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The Assistant Executive Engineer, TANGEDCO/West Region, Operation and Maintenance, E.B.Colony, Nanjikottai Road, Thanjavur.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10230 of 2024

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N.SATHISH KUMAR, J.

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PNM

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ORDER IN W.P.(MD)No.10230 of 2024

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21.10.2024

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https://www.mhc.tn.gov.in/judis

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Suriyadeepan v. The Additional Executive Engineer

Case brief

What is this about?

What did the court decide?

Suriyadeepan v. The Additional Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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