O R D E R

This Writ Petition has been filed seeking for direction to the 2nd respondent to provide adequate police protection to the officers-cum-worker to restore the EB Service Connection No.198-006-168 for the residential property with Door No.14-169 in Charappazhanji, Athemcode Village, Methukummal Post, Killiyoor Taluk, Kanyakumari District, on the basis of the order passed by this court in WP(MD)No.18034 of 2022.

2.The facts in brief:-

The petitioner is the absolute owner of the property situated in Survey Nos.499/4 and 499/6 situated in Charappazhanji, Athemcode Village, Methukummal Post, Killiyoor Taluk, Kanyakumari District by way of settlement deed, dated 21/06/2006. Due to his business avocation, he is living in Kottayam, Kerala State temporarily. So he could not remit the electricity charges in connection with the Electricity Connection No. 198-006-168, which is standing in the name of his father. Later, the entire tax receipt and revenue records were mutated in his name, in view of the settlement, dated 21/06/2006. So he approached the 1st respondent herein to restore the electricity connection in the month of June 2022 by sending a representation. Since there was no proper action, he filed WP(MD)No.18034 of 2022 before this court. That was disposed of with a direction to the authorities concerned to restore the electricity connection No.198-006-168. Against that order, Appeal was filed by Natesan and another in W.A(MD)No.1841 of 2023. That came to be dismissed by the Division Bench of this court, on 19/10/2023. On the basis of the above said writ proceedings and the appeal proceedings, he sent a representation seeking police protection for the purpose of executing the order. That was not complied. So this petition came to be filed.

3.Heard both sides.

4.The learned Standing counsel appearing for the 1st respondent is present before this court and he has stated that he is ready to execute the order. Since objection was made by the 3rd respondent herein. they are not in a position to restore the above said service connection. It is further stated that the service line is passing through the property of the 3rd respondent. But the 3rd respondent's objections were overruled on the ground that they can agitate the same before the civil court. Considering the fact that the service connection was in existence for a long time, disconnected due to non payment of consumption charges, it was disposed of with a direction. Further the civil court was also permitted to decide the matter without making any reference of the order. Against that order, Natesan and another filed WA(MD)No.1841 of 2023. Para 4 of the writ appeal order reads as under:-

“4.It is for the appellants to submit objections, if any, regarding this issue and the authorities are at liberty to consider the same in accordance with the Tamil Nadu Electricity Supply Code, 2004 and the Indian Telegraph Act, 1885. We are not expressing any opinion regarding laying of cables, which is to be done in the manner known to law. AS far as the restoration of electricity service connection is concerned, even the appellants have no objection and thus, we do not find any error in the other impugned warranting interference from the hands of this Court.”

5.Before the appellate court, the appellants contended that the electricity cables are suppose to be laid through the properties belongs to them. On taking into account the above said objection, the appellate court passed the above said order. But whether the 3rd respondent herein has conducted enquiry as per the order of the appellate court is not clear. The communication sent by the Assistant Electrical Engineer reveals that they made a request for police protection. In the absence of any such compliance of the appellate court order, mere sending of the request for police protection may not be proper.

6.In the result, this writ petition is disposed of with a direction to the 1st respondent herein to comply the order passed by the D