B.Mahendira Kalathi v. The Chairman, Tangedco
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY B.Mahendira Kalathi, ... Petitioner /versus/ 1.The Chairman, TANGEDCO, 10th Floor, N.P.K.K.R. Maaligai 144, Anna Salai, Chennai 600 002.
2. The Assistant Engineer, TANGEDCO Orikkai, Kancheepuram 603 502.
3. The Junior Engineer, TANGEDCO Orikkai, Kancheepuram 603 502.
4. V.Santhanam.
... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of impugned notice dated 30.01.2025 in proceedings No.f.vz;. c.ngh/,& g/Xupf;if/t.M/Nfh/46/vz;: 637/2024-25 issued by the 2nd respondent herein and quash the same and consequently direct the 2nd respondent to restore the power
supply No.605-018-1278 disconnected.
For Petitioner : Mr.S.B.Madhura For Respondents : Mr.L.Jaivenkatesh, RR1 to 3 ***
O R D E R
This writ petition is filed challenging the order of the 2nd respondent dated 30.01.2025 to quash the same and consequently direct the respondents to restore the power supply of the petitioner in supply No. 605-018-1278.
2. Upon perusing the material papers that are filed along with the writ petition and upon hearing the writ petitioner, the grievance of the petitioner is that earlier third parties have filed a suit challenging the petitioner's title and the same is being defended. There is no interim order in the civil suit against the petitioner. In that view of the matter, there is no impediment as on date for continuing the electricity connection in favour of the petitioner. While so, earlier a show cause notice was issued. The petitioner approached the respondents and has produced the documents in person. While so, the present order which is also in the nature of
show cause notice is issued. Without even waiting for the petitioner to submit their explanation, the authorities have disconnected the power supply.
3. Per contra, on instructions, Mr.L.Jaivenkatesh, Learned Counsel taking notice on behalf of the respondents 1 to 3 would submit that the power supply is not disconnected. If the petitioner submits an explanation by duly enclosing the documents, the same will be considered in accordance with law.
4. In view thereof, the writ petition is disposed of on the following terms.
(i) When it is the stand of the respondents that they have not disconnected the power supply and if there is no power supply for the petitioner's premises in the said connection, the respondents shall immediately restore the connection even if it is due to any other fault. (ii) Within one week from the date of receipt of the web copy of this order, the petitioner shall submit his explanation along with all the supporting documents and the respondents shall consider the same in accordance with the Terms of Power Supply and such of their Rules and pass further orders.
5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
20.02.2025 : No.
bsm To, 1.The Chairman, TANGEDCO, 10th Floor, N.P.K.K.R. Maaligai 144, Anna Salai, Chennai 600 002.
2. The Assistant Engineer, TANGEDCO Orikkai, Kancheepuram 603 502.
3. The Junior Engineer, TANGEDCO Orikkai, Kancheepuram 603 502.
4. The Government Pleader, High Court, Madras.
D.BHARATHA CHAKRAVARTHY , J.
bsm 20.02.2025