S.Sakthivel v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.4647 of 2022 & WMP.No.4766 of 2022 S.Sakthivel ... Petitioner Vs 1.The Assistant Engineer, TANGEDCO Ltd, Pattur, Chengalpattu District.

2.The Executive Engineer, TANGEDCO Ltd, Kelambakkam, Chengalpattu District.

3.Srijeyarsree ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to call for records of the 1st respondent in proceedings Ka.No.VU.Po/O&M/Padur/Ko.Special (notice)/A.No.18/21-22 dated 04.12.2021 quash the same, consequently direct the respondents not to disturb the petitioner's peaceful possession and enjoyment of the petitioner's property with electricity connection Nos.585-002398, 585-002-399, 585-002-400, 585-002-401. For Petitioner : Mr.S.N.Subramani For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh, Standing Counsel

O R D E R

Ms.Keerthana Shenoi, learned counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for R1 and R2 and is armed with instructions to enable this Court to dispose the Writ Petition finally. In view of the nature of order that has been passed in the paragraphs to follow, no notice is thought necessary to R3 at this juncture. Hence, by consent of learned counsel for the petitioner and the learned Standing Counsel for R1 and R2, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner challenges communication/notice dated 04.12.2021 calling upon the petitioner to produce various documents that the petitioner may have in his possession to https://hcservices.ecourts.gov.in/hcservices/

substantiate his alleged ownership of the property at S.Nos.384/1A, 383/3A1, 384/3A2, 385/1A, 385/1B, 385/1C and 384/B in Padur Village ('properties in question'/'properties').

3. Though the petitioner would claim that he had furnished the documents immediately upon receipt of the notice, it is the say of the official respondents that they are not in receipt of any response to the impugned notice.

4. It appears that the petitioner had applied for mutation of records in regard to the aforesaid properties and he also claims to have been remitting taxes regularly in respect of the same. Change of electricity connection was sought and the change as sought for was also effected.

5. While this is so, it is based upon a complaint given by R3, who is the vendor of the properties, that the impugned notice has come to be issued by the official respondents. Seeing as the impugned communication is only a notice, the petitioner is permitted to respond to the same, furnishing the documents sought for or if already filed, another copy of the same, within a period of one (1) week from today.

6. Upon receipt of the petitioner's explanation and relevant documents, if any, R1/Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, will cause enquiry, verify the documentation, hear the petitioner as well as R3 and pass a speaking order within a period of four (4) weeks from date of receipt of the explanation from the petitioner.

7. This Writ Petition is disposed as above. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sl To 1.The Assistant Engineer, TANGEDCO Ltd, Pattur,Chengalpattu District.

2.The Executive Engineer, TANGEDCO Ltd, Kelambakkam, Chengalpattu District. +1 cc to Mr.L.Jai Venkatesh, Advocate Sr.NO. 13974 +1 cc to Mr.S.N.Subramani, Advocate Sr.NO. 14294 W.P.No.4647 of 2022 & WMP.No.4766 of 2022 JP(CO) A.SK(29/03/2022) https://hcservices.ecourts.gov.in/hcservices/