K.Nayanar Vs the Assistant Engineer(Distribution)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus directing the 1^st respondent herein to forthwith cancel the E B Connection Service No.NJ 761 (07-341-010-761) standing in the name of the 2^nd respondent claiming as Door No. 48 A, Vadaku Vannian Villai, Tuticorin.

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For Petitioner : Mr.V.Malaiyendran For R1 : Mr.S.Deenadhayalan Standing Counsel For R2 : Mr.S.Ramsundar Vijayaraj

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

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W.P.(MD)No.18095 of 2019

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ORDER

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The above writ petition has been filed for the following relief:-

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“Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus directing the 1^st respondent herein to forthwith cancel the E B Connection Service No.NJ 761 (07-341-010-761) standing in the name of the 2^nd respondent claiming as Door No. 48 A, Vadaku Vannian Villai, Tuticorin.”

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The case of the petitioner is that he has purchased the property vide registered Sale Deed dated 20.03.2009 bearing Doc.No.908 of 2009. The patta to the said property also stands in the name of the petitioner. While so, the petitioner had constructed three houses in the said property and had obtained Door Nos.48, 58 and 53.

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At this juncture, the 2^nd respondent, who is the neighbour of the petitioner had obtained tax assessment in respect of Door No.48-A, even though no construction was put up. She had also obtained electricity service connection with respect to Door.No.48-A by producing fake receipts and documents. The said Tharumamani had filed a suit in O.S.No.346 of 2017 on the file of the Principal District Munsif, Thoothukudi, claiming declaration and injunction and the same was dismissed vide order dated 02.01.2018.

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

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W.P.(MD)No.18095 of 2019

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In this connection, the petitioner has given a complaint to the 1^st respondent to cancel the electricity service connection granted to the 2^nd respondent. Based on the compliant made by the petitioner, the 1^st respondent had conducted an enquiry and found that Door No.48-A does not exist and electricity service connection was given only to Door No.

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42A.

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Thereafter, again the petitioner had made a complaint on 26.05.2019, however the same has not been considered to date. Aggrieved by the same, the petitioner is before this Court.

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Mr.S.Deenadhayalan, learned Standing Counsel appearing for the 1^st respondent would submit that the complaint filed by the petitioner dated 26.05.2019, will be considered and orders will be passed within the time stipulated by this Court.

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