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Madras High CourtWP/1385/2023disposed of

D.Dhandapani v. The Chairman

2023-02-06Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN D.Dhandapani ...

Petitioner Vs 1 The Chairman Cum Managing Director Tamil Nadu Electricity Board 8th Floor, TANGEDCO No.144, Anna Salai Chennai - 600 002.

2 The Superintending Engineer Chennai Electricity Distribution Circle CEDE/South No. 110 KV, K.K.Nagar SS Complex, Anna Main Road (First Floor) K.K.Nagar, Chennai - 600 078 3 The Assistant Engineer, Electricity Board Office, Tangedco, No.6, Thulukanathamman Koil 1st Street, Pallikaranai Chennai - 600 100.

...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the 3rd Respondent to consider the petitioner's representation dated 28.12.2022 For the Petitioner : Mr.P.K.Ganesh For the Respondents : Mr.L.Jai Venkatesh 1/5

O R D E R

The writ petition has been filed in the nature of mandamus seeking a direction to the third respondent, Assistant Engineer Electricity Board Office, TANGEDCO at Pallikaranai, Chennai to consider the representation dated 28.12.2022 given by the petitioner herein.

2. The petitioner is a senior citizen. He claims that the property in which there is electricity connection in Consumer No. 312-114-355 stands in his name. The property is situated at No. 247 Velacherry Main Road, Thandai Periyar Nagar, Pallikaranai. He had purchased the property by way of a unregistered sale deed in the year 2006 from one R. Prathab. He claims to be in possession. He claims that one of his friends Gunasekaran asked him to vacate the property in February 2020. Later, the said Gunasekaran died on 24.07.2021. Thereafter, his wife Mrs. G. Malini called upon the petitioner to vacate the property.

3. It is stated that a letter had been issued to the third respondent that the electricity connection should be disconnected. The petitioner disclaims all knowledge about the said letter and claims that 2/5

he had not sent any letter. However acting on the said letter, the third respondent had disconnected the electricity.

4. On 20.01.2023, this court had directed that the learned counsel for the third respondent may get necessary instructions from the petitioner whether he had so issued such a letter.

5. The petitioner again stands by his contention that he had not issued such letter.

6. Let me not enter into any discussion but it is only appropriate that electricity connection is restored and the petitioner is given the privilege of electricity being supplied to his house. It is a basic amenity and it must be kept in mind there was already an existing electricity connection in the name of the petitioner herein.

7. The third respondent is under an obligation to restore the electricity connection on or before 15.02.2023. 3/5

8. Writ petition stands disposed of. No costs. 06.02.2023 Index: Yes/no mrn To 1 The Chairman Cum Managing Director Tamil Nadu Electricity Board 8th Floor, TANGEDCO No.144, Anna Salai Chennai - 600 002.

2 The Superintending Engineer Chennai Electricity Distribution Circle CEDE/South No. 110 KV, K.K.Nagar SS Complex, Anna Main Road (First Floor) K.K.Nagar, Chennai - 600 078 3 The Assistant Engineer, Electricity Board Office, Tangedco, No.6, Thulukanathamman Koil 1st Street, Pallikaranai Chennai - 600 100.

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C.V.KARTHIKEYAN, J.

(mrn) 06.02.2023 5/5