Chithra v. The Junior Engineer (O And M )
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Chithra ... Petitioner in all W.P's Vs.
1.The Junior Engineer (O & M), TANGEDCO - TNEB, Chengalpattu District.
2.The Assistant Engineer, Operation & Maintenance TNEB, Kandanchavadi, Chengalpattu District.
3.Ganesan ... Respondents in all W.P's Common Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein to consider and dispose of the petitioner's representation dated 31.07.2023 requesting to transfer the electricity service connection numbers 298-005-1022, 298-005-1021 & 298-005-1017 at No.5/49, Thiru Vika Street, Karunanithi Cholan Nagar, Palavakkam, Chennai - 42 respectively in petitioner name within a time frame.
For Petitioner : Mr.S.Sabarish [in all W.P's] For R1 & R2 : Mr.L.Jaivenkatesh Standing Counsel for TANGEDCO [in all W.P's] COMMON ORDER Writ petitions are filed to direct the 2nd respondent to consider the representation of the petitioner dated 31.07.2023 and transfer the Electricity Service Connection bearing 298-005-1022, 298-005-1021 & 298-005-1017 in the name of the petitioner.
2.
It is not in dispute that a Civil Suit in O.S.No.354 of 2023 is pending on the file of the learned District Judge at Chengalpattu. The suit was instituted for declaration and injunction. When the title dispute exist between the parties, the petitioner has to submit an application to the respondent to transfer the name of the petitioner in the Electricity Service Connection.
3.
The respondent/Board has not considered in view of the fact that Civil Suit is pending between the parties.
4.
When title dispute is pending, the respondent/Board cannot decide the ownership. Therefore, an aggrieved person may file appropriate application before the Civil Court to secure a remedy. However, the respondent/Board cannot conduct an enquiry and declare title for the purpose of effecting name transfer in the Electricity Service Connections. 5.
Therefore, the petitioner is at liberty to workout her remedy in the pending Civil suit. Accordingly, all the Writ Petitions stand dismissed at the admission stage itself. No costs.
03.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no veda To 1.The Junior Engineer (O & M), TANGEDCO - TNEB, Chengalpattu District.
2.The Assistant Engineer, Operation & Maintenance TNEB, Kandanchavadi, Chengalpattu District.
S.M.SUBRAMANIAM, J.
veda 03.04.2024