Mrs.J.Sangeetha v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.3106 of 2015 Mrs.J.Sangeetha ... Petitioner Vs
1. The Executive Engineer (Distribution, Nerkundram) Tamil Nadu Generation and Distribution Corporation Ltd., MES/Nerkundram Section, Nerkundram, Chennai - 600 107.
2. The Assistant Engineer (Distribution) Tamil Nadu Generation and Distribution Corporation Ltd., Koyambedu Market, Koyambedu, Chennai - 600 107.
3. Mrs.A.K.Saraswathy
...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to sanction a fresh service connection in petitioner's name to be given to the first floor portion of the said premises at No.25, Chellamman Nagar, Aani Street, Nerkundram, Chennai - 600 107.
For Petitioner :
Mr.D.Muthukumar For M/s.Paul and Paul For Respondents :
Mr.L.Jai Venkatesh For TANGEDCO [For R1 & R2] R3 - Not Ready in Notice
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 and 2 to provide fresh Electricity
Service connection in the name of the petitioner in the premises at No.25, Chellamman Nagar, Aani Street, Nerkundram, Chennai - 600 107.
2. The petitioner submitted an application for providing new Electricity Service connection. The third respondent raised an objection, stating that she is the owner of the property and she purchased the property from the father-in-law of the petitioner. The petitioner claims that her father-in-law had constructed the ground floor and the husband of the petitioner constructed the first floor and therefore, she is residing in the first floor of the said property.
3. Under these circumstances, the third respondent raised an objection for providing separate Electricity Service connection in the name of the petitioner.
4. The learned counsel for the petitioner made a submission that under the Tamil Nadu Electricity Supply Code, the petitioner may be provided with a separate Electricity Service Connection on execution of bond. In this regard, the petitioner is at liberty to work out her remedy in the manner known to law. However, the writ Court cannot consider these kind of cases for issuing a direction to provide Electricity Service Connection, in view of the fact that the third respondent claims to be the owner, who purchased the property from the father-in-law of the petitioner and such disputes are now subjudiced in the Civil Suit pending before the competent Court of Law.
5. In view of the said factual position, the petitioner is at liberty to seek appropriate remedy before the competent Forum in the manner known to law.
6. With these observations, the writ petition stands dismissed. No costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kak
To
1. The Executive Engineer (Distribution, Nerkundram) Tamil Nadu Generation and Distribution Corporation Ltd., MES/Nerkundram Section, Nerkundram, Chennai - 600 107.
2. The Assistant Engineer (Distribution) Tamil Nadu Generation and Distribution Corporation Ltd., Koyambedu Market, Koyambedu, Chennai - 600 107.
+1cc to M/s.Paul & Paul, Advocate, S.R.No.67258 W.P.No.3106 of 2015 SPA(CO) SU(29/12/2021)