PREMA Vs. STATE AND ORS

JUDGEMENT

(1.) Record of proceedings shows that on 12.09.2013, there was no representation on behalf of the petitioner. On 16.09.2013, a representation was made for adjournment. When the matter was listed on 17.09.2013, there was no representation for the petitioner. On 18.09.2013, when the writ petition was listed under the caption 'for dismissal', a representation was made, on behalf of the learned counsel for the petitioner for adjournment. Hence, the matter stood adjourned to this date. Today, one Mr.Gangadharan, a learned counsel representing the counsel for the petitioner, seeks for an adjournment. Since, the petitioner has been continuously taking adjournment, through some other counsel, not on record and having regard to the objections raised by the 3rd respondent, as regards, the relief sought for, in this writ petition, the matter is being disposed of on merits.

(2.) According to the petitioner, she has put up a construction in Block No.36/8 and electricity service connection No.272, has been granted. She received a letter No.E.N.PO/E&P/Guru.pet/V.A./KO.KA/No.183/2012 dated 10.01.2013, from the Junior Engineer, E&P, TNEB, Vellore District, the 1st respondent herein, to co-operate for disconnection of the electricity service connection, stating that a judgment has been rendered by the civil Court. It is the case of the petitioner that on receipt of the letter she had approached, the 1st respondent and explained him stating that the property belongs to her. A similar letter dated 04.03.2013, has been sent by the 1st respondent. According to the petitioner, she has been in possession and enjoyment of the property from 1990 and that she is entitled for supply of electricity. In these circumstances, the petitioner has come forward, for a mandamus directing the 1st respondent not to disconnect the electricity service connection No.272, at Block No.36/8, Sekkumedu Street, Perumalrajpet Village, Arakkonam Taluk, Vellore District.

(3.) The Assistant Executive Engineer, E&P, TNEB, Guruvarajapet, Arakkonam Taluk, Vellore District, the 2nd respondent herein, in his counter affidavit has submitted that one Mrs.Ranjani and two others have got a decree against the petitioner in O.S.No.120 of 2002 dated 31.07.2018 from the learned District Munsif, Sholinghur, for demolition and mandatory injunction for disconnecting the electricity connection No.272 in Survey No.36/8. According to the 2nd respondent, the petitioner has suppressed the above said fact. He has further submitted that on receipt of the copy of the judgment and decree, in the abovesaid suit, a notice was sought to be served. But the petitioner refused to receive the tapal and therefore, the same was pasted on the door [S.F.no.36/8] in the presence of the Panchayat President, Permalrajpet, and the concerned Village Administrative Officer, Permalrajpet. The 2nd respondent has further submitted that since the present writ petition is pending, electricity service connection has not been disconnected.