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Madras High CourtWP/1444/2023disposed of

D.Kesavan v. The Tamil Nadu State Electricity Board

2023-01-23Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM

THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN Writ Petition No.1444 of 2023 D.Kesavan ... Petitioner

Versus

1. The Tamil Nadu State Electricity Board, Rep. by its Chairman, 10th Floor, N.P.K.K.R.Maligai, 144, Anna Salai, Chennai - 02.

2. The Assistant Engineer (O & M) The Tamil Nadu State Electricity Board, Lakshmipuram, TANGEDCO/CEDC/NORTH, Chennai - 99.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the application No.2000107510221241, dated 15/10/2022 for provide domestic electricity service connection to the petitioner premises situated at 57/1, Bharat Rajeev Gandhi 1st Street, Kolathur, Chennai -99 and fix the time frame.

For Petitioner : Mr.S.Nageshwaran For Respondents : Mr.L.Jai Venkatesh Standing Counsel for TANGEDCO 1/4

ORDER

The petitioner had made an application seeking electricity connection for his house at No.57/1, Bharat Rajeev Gandhi 1st Street, Kolathur at Chennai 600 099, by an application No.2000107510221241 on 15.10.2022.

2. The petitioner has put up a construction. He is not admittedly the owner of the land. But he is in possession. To show possession, he has Ration Card, Gas connection and Aadhar Card. However, the respondent had insisted on some documents relating to title. But the petitioner's title has not been questioned by any third party till now.

3. Let the respondents therefore examine the application given by the petitioner and call him for an enquiry and examine his possession. If it is found that it is the Government land as stated by the learned Standing Counsel for the respondents, the respondents may also examine the jurisdictional Tahsildar. However, if it is found as a fact that the petitioner is actually in possession, till such time the title is decided, provide domestic electricity connection. 2/4

The petitioner should also give necessary undertaking as is required by the rules and also execute indemnity clause.

4. The Writ Petition stands disposed of. The respondents are directed to take the aforementioned steps and take a final decision on or before 10.02.2023. No order as to costs.

23.01.2023 ssi Index : Yes/No Internet : Yes/No To:

1. The Tamil Nadu State Electricity Board, Rep. by its Chairman, 10th Floor, N.P.K.K.R.Maligai, 144, Anna Salai, Chennai - 02.

2. The Assistant Engineer (O & M) The Tamil Nadu State Electricity Board, Lakshmipuram, TANGEDCO/CEDC/NORTH, Chennai - 99.

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C. V. KARTHIKEYAN,J.

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