K.Ciranjeevi v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.CIRANJEEVI ... Petitioner Vs 1.
THE SUPERINTENDENT ENGINEER, TANGEDCO, M654+R8R, SALEM BYPASS, KAMARAJAR NAGAR COLONY, AMMAPET, SALEM, TAMI NADU - 636 014.
2.
THE ASSISTANT ENGINEER TANGEDCO, OPERATION AND MAINTENANCE, K.K NAGAR, SALEM.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to process petitioner application No. 4840724664 and provide Electricity supply to the petitioner residence bearing SF (Survey) No. 175/10C, Paramagaundanoor, Edanganasalai Bit. 2 Village, Kosavapatti Post, Salem, Tamil nadu, Pin -637 502.
For Petitioner : Mr.K.Elangoo 1/5
For R1 & R2 : Mr.I.Syedsibghatulla
ORDER
This writ petition is filed to direct the second respondent to process the petitioner's application No. 4840724664 and provide Electricity supply to the petitioner's residence bearing S.F (Survey) No. 175/10C, Paramagaundanoor, Edanganasalai Bit. 2 Village, Kosavapatti Post, Salem.
2. When the matter came up for admission, the learned counsel taking notice on behalf of the respondent organization, pointed out to page No. 36 of the type set of papers and submitted that when the co-owner is objecting, the connection could not be given. Consent is necessary both for effecting the connection and for erecting the pole and the authorities have not proceeded further.
3. On perusal of the application format as well as the terms of electricity supply, it is clear that what is needed is that the petitioner should be a lawful occupant. The petitioner is also a co-owner and there is no dispute about it. In this regard, it is for the petitioner to obtain a no objection certificate from the 2/5
other co-owners. If the other co-owners are not granting consent, all that needs to be insisted upon from the petitioner is an indemnity bond. One co-owner cannot object to granting the electricity connection or erecting of pole.
4. In that view of the matter, this writ petition is disposed of on the following terms:- (i) The petitioner is directed to produce concerned letters from the other co-owners. If any co-owner is not cooperating or granting consent, the petitioner shall execute an indemnity bond in such format, along with a representation and enclose a copy of this order to the second respondent.
(ii) Upon the petitioner making such representation, the second respondent shall proceed with effecting the connection after verifying the indemnity bond to its satisfaction and by erecting a pole and granting the connection.
(iii) The entire exercise shall be completed within a period of six weeks from the date of receipt of the representation from the petitioner.
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(iv) No costs.
18.02.2025 nsl To 1.
THE SUPERINTENDENT ENGINEER, TANGEDCO, M654+R8R, SALEM BYPASS, KAMARAJAR NAGAR COLONY, AMMAPET, SALEM, TAMI NADU - 636 014.
2.
THE ASSISTANT ENGINEER TANGEDCO, OPERATION AND MAINTENANCE, K.K NAGAR, SALEM.
D.BHARATHA CHAKRAVARTHY, J.
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