M/S.Vijay Textiles v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/S.VIJAY TEXTILES, REP. BY ITS, PARTNER, MALATHI, WIFE OF PARAMASIVAM, DOOR NO. 1/26, A, PALLADAM MAIN ROAD, PAPPAMPATTI, SULUR TALUK, COIMBATORE.
... Petitioner Vs 1.
THE SUPERINTENDING ENGINEER, PALLADAM ELECTRICITY DISTRIBUTION CIRCLE, PALLADAM, TIRUPUR DISTRICT.
2.
THE EXECUTIVE ENGINEER, OPERATION AND MAINTENANCE, PALLADAM, TIRUPUR DISTRICT.
3.
THE ASSISTANT EXECUTIVE ENGINEER, OPERATION AND MAINTENANCE, PALLADAM TOWN, TIRUPUR DISTRICT.
4.
THE ASSISTANT ENGINEER, SIDDHANAICKENPALAYAM, SULUR POST, COIMBATORE DISTRICT.
5.
VENKIDUSAMY ... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to grant HT electricity service connection to the petitioner building situated at S.F.No. 466/3B Appanaickenpatti, Sulur Taluk, Coimbatore District within a time bound manner by considering the petitioner reply dated 18.10.2024 for the show notice dated 14.10.2024 vide proceedings in Lr.No. SE/PEDC/PLDM/AEE GI/JE-II/TA/F.HTSC.New/D.No.1490/24-25 on the file of the first respondent.
For Petitioner : Mr.K.Myilsamy For R1 to R4 : Mr.L.Jai Venkatesh
ORDER
This writ petition is filed for a Mandamus directing the first respondent to grant high tension electricity connection to the petitioner's building situated at S.F.No. 466/3B, Appanaickenpatti, Sulur Taluk, Coimbatore District within a time bound manner by considering the petitioner's Reply dated 18.10.2024 for the showcase notice dated 14.10.2024.
2. In view of the nature of relief that is prayed for and the nature of relief that is granted, this writ petition is disposed of at the admission stage itself.
3. It is stated that the fifth respondent has already filed the civil suit. If 2/6
the fifth respondent is aggrieved in any manner, it will be open for him to continue or pray for such relief before the appropriate Civil Court. The rights of the fifth respondent and the petitioner are not decided in the writ petition. Accordingly, this Court proceeds to consider this writ petition at the admission stage itself.
4. The case of the petitioner is that the petitioner is a lawful occupier of the premises. The petitioner has already established and put up structures for industrial purposes and sought a high-tension electricity connection. When everything else is in order, one of the owners is objecting, which lead to the issuance of the notice. The petitioner has submitted his objection stating that the said co-owner, who is the fifth respondent herein, has already filed a civil suit and no interim order has been granted by the Civil Court. Therefore, the said objection cannot be sustained.
5. When the matter came up for admission, the learned counsel appearing on behalf of the respondents 1 to 4 would submit that, in this case, since there was an objection, an alternative route has now been arranged. When poles have to be installed and there is an objection, the petitioner must 3/6
furnish an indemnity bond for not obtaining the consent of the co-owners and only then the high tension electricity supply can be granted.
6. In view thereof, the writ petition is disposed on the following terms:- (i) The petitioner shall, along with the representation and a copy of this order, furnish the requisite indemnity bond before the first respondent. The first respondent shall thereafter consider the same and effect the connection in the manner known to law.
(ii) The said exercise shall be completed within a period of six weeks from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order.
(iii) No costs.
18.02.2025 nsl To 1.
THE SUPERINTENDING ENGINEER, 4/6
PALLADAM ELECTRICITY DISTRIBUTION CIRCLE, PALLADAM, TIRUPUR DISTRICT.
2.
THE EXECUTIVE ENGINEER, OPERATION AND MAINTENANCE, PALLADAM, TIRUPUR DISTRICT.
3.
THE ASSISTANT EXECUTIVE ENGINEER, OPERATION AND MAINTENANCE, PALLADAM TOWN, TIRUPUR DISTRICT.
4.
THE ASSISTANT ENGINEER, SIDDHANAICKENPALAYAM, SULUR POST, COIMBATORE DISTRICT.
D.BHARATHA CHAKRAVARTHY, J.
5/6
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