By way of filing this writ petition, the petitioner seeks to forbear the first respondent / the Assistant Engineer, Tamil Nadu Coimbatore Electricity Production and Distribution Board, Coimbatore, from giving electricity connection to the land comprised in S.F.No.142/10, to an extent of 10 cents, situated at Neelambur Village, Sulur Taluk, Coimbatore District.
2. Heard the learned counsel appearing on either side.
3. It is submitted by the learned counsel for the petitioner that as per the document No.5975/2007, dated 10.05.2007, the above said lands are belonging to the petitioner. She has approached the third respondent for getting loan through him, who, in turn, introduced the second respondent for getting loan and accordingly, by mortgaging the above said property, she obtained a loan to the tune of Rs.5,00,000/-. It is further stated that after the paying the entire amount with interest, when she approached the third respondent, she was informed that she had given power of attorney to the second respondent to sell the property, not the mortgage deed. Thus, challenging the said fabricated power attorney, it is stated, she had already filed a civil suit in O.S.No.606 of 2013 before the Additional District Munsif Court, Coimbatore, which is still pending for consideration.
4. Thus, in view of the above stated disputed question of facts, it is not know how the petitioner has filed the present writ petition, instead of approaching the Civil Court for appropriate relief, as she had admittedly filed a suit challenging the alleged power attorney fabricated by the respondents 2 and 3, therefore, this Court, sitting under
Article 226 of the Constitution of India, is not inclined to grant the prayer as sought for by the petitioner. Accordingly, the writ petition fails and the same is dismissed. No Costs. Consequently, connected miscellaneous petitions are closed.
16.02.2017 rkm Index:yes/no T.RAJA, J.
rkm To
1.The Assistant Engineer, Tamil Nadu Coimbatore Electricity Production and Distribution Board, Neelambur, Coimbatore 641 406.
2.The Tahsildar, Sulur, Coimbatore.
W.P.No.21793 of 2016 16.02.2017