Duraisangu v. The Superintending Engineer
In the High Court of Judicature at Madras Dated : 11.3.2020 Coram The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.30263 of 2012 Duraisangu
...Petitioner
Vs 1.The Superintending Engineer, Tamil Nadu Generation & Electricity Distribution Company, Capper Hills, Cuddalore, Cuddalore Taluk & District.
2.The Junior Engineer (O&M), Operation & Maintenance, Tamil Nadu Generation & Electricity Distribution Company, Naduveerapattu Village, Cuddalore Taluk & District.
3.P.Sambanda Padayachi
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 and 2 to effect electricity service connection for the petitioner's residential house in S.Nos. 221/5D and 221/5E in Sanjeevirayan Koil Village, Naduveerapattu Post, Cuddalore Taluk, Cuddalore District.
For Petitioner :
Mr.D.Baskar For Respondents 1 & 2 :
Mr.M.M.Varunkumar For Respondent-3 :
Mr.T.S.Baskaran
ORDER
I have heard Mr.D.Baskar, learned counsel for the petitioner, Mr.M.M. Varunkumar, learned Standing Counsel for respondents 1 and 2 and Mr.T.S.Baskaran, learned counsel for the third respondent.
2. The petitioner seeks a direction to respondents 1 and 2 to give electricity service connection for his residential premises.
3. According to the petitioner, the property in question is absolutely owned by him.
4. However, respondents 1 and 2 took a stand that the third respondent herein filed a suit in O.S.No.142 of 1998 on the file of the District Munsif Court, Cuddalore and obtained a decree against eight private defendants and the Electricity Board - ninth defendant not to give any electricity service connection to the property in question.
5. The learned counsel for the petitioner would vehemently contend that the judgment rendered by the civil court is erroneous because the decree was passed on oral relinquishments and that the petitioner is in possession of the property in question.
6. Respondents 1 and 2 filed a counter inter alia contending that the Village Administrative Officer, Naduveerapattu Village, in his written statement, submitted that he had given ownership certificate for S.F.No. 423/9 alone and that the petitioner has sought a new service connection in Sanjeevarayan Koil Village, Cuddalore District. However, fraudulently, the petitioner utilized that certificate seeking electricity service connection in the suit property, which is a joint family property in S.F.No.221/5A to E, Sanjeevirayan Koil Village, Cuddalore District.
7. Considering the fact that there is a decree of injunction operating against respondents 1 and 2, no Mandamus can be issued at the instance of the petitioner to direct the Electricity Board to grant service connection to the property in question. Therefore, the relief cannot be granted.
8. Hence, the writ petition is dismissed. No costs.
9. However, this will not prejudice the rights of the petitioner to seek remedy before the appropriate forum so as to vindicate his grievances.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
RS +1cc to Mr.D.Baskar, Advocate SR.21750 +1cc to Mr.T.S.Baskaran, Advocate SR.21887 +1cc to Mr.M.Varunkumar, Advocate SR.22207 WP.No.30263 of 2012 KS(CO) CB(19/06/2020)