T. Ravishankar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.02.2021 Coram The HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.No. 3483 of 2021 T.Ravishankar .. Petitioner vs

1. The District Collector, The Office of District Collector, Chengalpattu.

2. The Executive Engineer, Chengalpattu Circle, Chengalpattu - 603 001.

3. The Assistant Electrical Engineer, Operation and Maintenance (Rural), Chengalpattu - 603 102.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records related to the letter dated 21.12.2020 issued by the third respondent and quash the same and direct the third respondent to provide Electricity Connection to the house (residing by the petitioner) situated at No:75, Periyar Nagar, Vasuvasamuthiram, Vayaloor Post, Thirukazhukundram Taluk, Kanchipuram District in New Survey No:55/1(Old Survey No:55/6) within the time fixed by this Court.

For Petitioner : Ms.P.Uma For Respondents: Mr.D.Venkatesan, Government Advocate for R1 Mr.P.Gunaraj for R2 and R3

ORDER

This writ petition is filed as against the communication of the third respondent dated 21.12.2020 on the application of the petitioner requesting service connection for his house.

2.The petitioner is said to have constructed the house and sought for service connection from the respondent Board. The third respondent vide their communication impugned in this writ petition requested the petitioner to furnish either registered sale deed or computerised patta issued by the Revenue Department in order to establish that he is the legal occupant to the place.

3.Heard the learned counsel appearing for the parties. 4.According to the learned counsel for the petitioner, the petitioner is occupying the place on hereditary basis and he is not having the document and the respondents are not justified in asking for the patta and other documents. However, the petitioner is in continuous occupation of the place and paying the property tax for the said place.

5.Mr.P.Gunaraj, learned counsel for respondents 2 and 3 submits that the service connection can be effected only after ascertaining whether the petitioner is in legal occupation of the place for which he is asking for service connection. The communication impugned in this writ petition has been made only to ascertain whether the petitioner is in legal occupation or not, as required under Regulation 27(3) of the Electricity Supply Code.

6.Since there is no error apparent on the impugned communication, this Court is not inclined to interfere with the communication of the third respondent. Accordingly, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi To 1.The District Collector, The Office of District Collector, Chengalpattu.

2.The Executive Engineer, Chengalpattu Circle, Chengalpattu - 603 001.

3.The Assistant Electrical Engineer, Operation and Maintenance (Rural), Chengalpattu - 603 102.

+1 cc to M/s.P.Uma,Advocate Sr.No. 9385 +1 cc to The Government Pleader Sr.No. 9891 W.P.No. 3483 of 2021 JPII(CO) RMP(09/03/2021)