P.Gubendran v. The Designated Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Gubendran .. Petitioner
Versus
1. The Designated Engineer, Tamil Nadu Generation and Distribution Corporation Limited AEE/Santhome, 33/11KV SS, Complex, Foreshore Estate, Chennai - 600 028.
2. The Assistant Engineer/East, Mylapore, Tamil Nadu Generation and Distribution Corporation Limited, No.85, 86, Radhakrishnan Salai, Mylapore, Chennai - 600 004.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarifed Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent, dated 1/7
19.12.2024 cancelling petitioner Application No.200011241024626, dated 23.10.2024, quash the same and consequently, direct the official respondents herein to provide new domestic service connectivity forthwith to the premises of the petitioner situated in Door No.19, 4th street, Kailasapuram, Chennai - 600 004, based on the petitioner's application bearing Reference No.200011241024626, dated 23.10.2024 within a time period to be stipulated by this Court.
For Petitioner : Ms.U.Ramya For Respondents : Mr.L.Jai Venkatesh, Standing Counsel
ORDER
The prayer in the Writ Petition is seeking for an electricity connection for domestic purposes.
2. The learned Counsel for the petitioner would submit that among the family members, in view of the differences, they are now living separately. Therefore, the petitioner is now residing in a portion of their house and is 2/7
suffering without any electricity.
3. When the matter is taken up for hearing, the learned Standing Counsel for the respondent authorities would submit that a separate connection in respect of the same property can be given only if there is a physical segregation and when the application was considered, there was no physical segregation. Further, there was no revenue document in the name of the petitioner also.
4. When the petitioner claims that he is also a co-owner in respect of the property, now, when the revenue documents stands in the name of the ancestor, the petitioner has to appropriately demonstrate before the respondent authorities as to how he is entitled to a share in the property. The petitioner can file an affidavit and such documents to that effect. With reference to the segregation, the learned Counsel for the petitioner submits that now, the property is segregated and the petitioner can demonstrate that 3/7
he is in segregated portion only.
5. In view thereof, this Writ Petition is disposed of on the following terms:- (i) The petitioner, within one week from the date of receipt of a webcopy of this order, shall submit an application filing an affidavit with reference to the entire entitlement of the property and also indicating that the property is physically segregated including a rough sketch of drawing as to in which portion of the property, the petitioner is living and indicating how the property is segregated;
(ii) Upon filing of such representation along with a copy of this order, the respondent authorities shall cause re-inspection to the premises and thereafter, decide the matter afresh. If the petitioner is found eligible, effect the electricity connection.
(iii) The said exercise shall be completed within a period of three weeks from the date of submission of the representation of the petitioner; 4/7
(iv) There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
28.04.2025 : no grs To
1. The Designated Engineer, Tamil Nadu Generation and Distribution Corporation Limited AEE/Santhome, 33/11KV SS, Complex, Foreshore Estate, Chennai - 600 028.
2. The Assistant Engineer/East, Mylapore, Tamil Nadu Generation and Distribution Corporation Limited, No.85, 86, Radhakrishnan Salai, Mylapore, Chennai - 600 004.
5/7
D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
28.04.2025 7/7