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2004 Supreme(Mad) 732

P.K.MISRA
G. Asokan – Appellant
Versus
Neyveli Lignite Corporation – Respondent


Advocates:
Mohan for T. Palanivel, for Petitioner; Nithyanandam for N.A.K. Sharma, for Respondents.

ORDER :- The petitioner has filed this writ petition seeking for a writ of mandamus to direct the respondents to restore power supply to the petitioner's shop bearing No. 4, Daily Market, Block 19, Neyveli.

2. Heard the learned counsel appearing for the parties. Since the question raised in the miscellaneous petition is the same as in the writ petition, the writ petition itself is taken up for disposal.

3. Against the petitioner, an order of eviction is said to have been passed under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. It is said that the petitioner has filed an appeal, which is pending before the District Judge. The amin grievance of the petitioner in the present writ petition is to the effect that even though the petitioner is continuing in possession, the respondents have disconnected the supply of electricity to the premises in question.

4. A counter-affidavit has been filed on behalf of the respondents. The main stand taken in the counter is to the effect that since the petitioner has field an appeal before the District Judge, the present writ petition is not maintainable. It is further contended that disconnection was made in the month of December 200





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