E.C. Palanisamy v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.41226 of 2005 and W.P.M.P.No.44272 of 2005 E.C.Palanisamy ..Petitioner Vs
1. The Executive Engineer Tamilnadu Electricity Board Mangalam Pathai Avinashi, Coimbatore District.
2. The Assistant Executive Engineer Tamil Nadu Electricity Board Anupparpalayam, Tiruppur Taluk Coimbatore District.
3. The Assistant Engineer Tamil Nadu Electricity Board Perumanallur North Coimbatore District - 641 666
4. Mrs.Guhapriya ..Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, forbearing the respondents from providing any electricity service connection in the name of the 4th respondent or to transfer the name of the service connection in No.424 in respect of the premises in door No.3/327, Veedhikadu, Perumanallur, Coimbatore District without considering the representation made by the petitioner dated 19.12.2005.
For Petitioners : Mr.G.Sankaran For Respondents : Mr.S.K.Raameshwar, Standing counsel for Electricity Board(R1 to R3) R4-Disd vide court order dated 24.06.2011
O R D E R
The relief sought for in the present writ petition is to forbear the respondents from providing any electricity service connection in the name of the 4th respondent or to transfer the name of the service connection in No.424 in respect of the premises in door No.3/327, Veedhikadu, Perumanallur, Coimbatore District without considering the representation made by the petitioner dated 19.12.2005.
2.This Court is of an opinion that providing of new Electricity Service connection or transfer of name in respect of the Service connections are to be made strictly in accordance with the regulations in force. Undoubtedly, the writ petitioner is entitled to submit his objections for not providing electricity service connection in favour of the 4th respondent. However, the competent authorities are bound to verify all the relevant documents and accordingly act with reference to the rules in force.
3.However, this Court cannot issue any such direction to forbear the respondents from providing electricity service connection to the applicants. The said exercise is to be done by the competent authorities by verifying the records and the documents produced by the applicants, who all are seeking electricity service connection.
4.This being the factum, the relief as such sought for by filing the present writ petition during the year 2005 deserves no consideration and on account of efflux of time, the cause may not survive and if at all, any other cause exists, it is left open to the writ petitioner to approach the competent authorities by filing an appropriate application / objections in the manner known to law.
5.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kak
To
1. The Executive Engineer Tamilnadu Electricity Board Mangalam Pathai Avinashi, Coimbatore District.
2. The Assistant Executive Engineer Tamil Nadu Electricity Board Anupparpalayam, Tiruppur Taluk Coimbatore District.
3. The Assistant Engineer Tamil Nadu Electricity Board Perumanallur North Coimbatore District - 641 666 W.P.No.41226 of 2005 KS(CO) SSM(11/03/2019).