Mr. E.Gangadharan v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.9388 of 2022 & 16694 of 2022 and WMP.No.19843 of 2022 WP.No.9388 of 2022 E.Gangadharan ... Petitioner Vs.
1.The Assistant Engineer, Operation & Maintenance, TNEB, East SIPCOT, Ranipet, Ranipet District 632 403 2.The Junior Engineer, Operation & Maintenance, TNEB, East SIPCOT, Ranipet, Ranipet District 632 403 3.The Assistant Executive Engineer, Operation & Maintenance, TNEB, Ranipet, Ranipet District 632 403 4.The Executive Engineer, Operation & Maintenance, TNEB, Ranipet, 5.The Project Officer, O/o The SIPCOT Project Officer, Ranipet, 1/8
... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned order viz., Letter No. 58, A.E/ O and M/ East SIPCOT/ File/ 2021-2022 dated 29.03.2022 issued by the 2nd respondent and quash the same and consequently direct the respondents 1 and 2 to Restore the Electricity connection in Temporary Electricity Supply No. 239- 001- 463 to the petitioner's new house construction site Situated at in Survey No. 42/8B2 of Karai Village, Walaja Taluk and Ranipet district For Petitioner : Mr.G.Anandaraj For Respondents For R1 to 4 : Mr.S.Madhusudhanan, Standing Counsel For R5 : Mr.R.Gunalan WP.No.16694 of 2022 1.E.Gangadharan 2.Jaya 3.E.Komathi ... Petitioners Vs.
1.The Project Officer, SIPCOT, Ranipet, 2.The Chairman, SIPCOT, No.19A, Rukmani Lakshmipathy Road, 2/8
Egmore, Chennai 600 008 3.The Thasildar, Walajah Taluk, 4.The Village Administrative Officer, Karai Village, Walajah Taluk, 5.The Sub Registrar, Walajah Sub Registrar Office, 6.The Assistant Engineer, Operation & Maintenance, TNEB East SIPCOT, Ranipet, 7.The Inspector of Police, SIPCOT Police Station, Ranipet ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Prohibition to prohibit the first respondent from interfering with the petitioner's property right, property title, property interest and peaceful possession and enjoyment of the property admeasuring to an extent of 79 cents in old survey No.42/8B situated at No.21, Karai Village, Walaja Taluk, Ranipet District. For Petitioner : Mr.G.Anandaraj For Respondents For R6 : Mr.S.Madhusudhanan, Standing Counsel 3/8
For R1 & 2 : Mr.R.Gunalan For R5 : Mr.R.Neethiperumal, Government Advocate For R3 & 4 : Mr.E.Vijay Anand, Additional Government Pleader COMMON ORDER The writ petition in WP.No.9388 of 2022 has been filed challenging the order passed by the second respondent dated 29.03.2022 thereby ordered to disconnect the temporary electricity service connection No.239-001-463 which was provided for the land comprised in survey no.42/8B2 situated at Karai Village, Walajapet Taluk, Ranipet District; and the writ petition in WP.No.16694 of 2022 has been filed to prohibit the first respondent from interfering with the petitioner's property right, property title, property interest and peaceful possession and enjoyment of the property admeasuring to an extent of 79 cents in old survey No.42/8B situated at No.21, Karai Village, Walaja Taluk, Ranipet District. 2.
Insofar as the writ petition in WP.No.9388 of 2022, while pending the writ petition, this Court ordered to give electricity service 4/8
connection. Accordingly, now the petitioner has been provided with electricity service connection.
3.
Therefore, if there is any dispute in respect of the ownership of the property between the petitioner and the fifth respondent, the second respondent is directed to issue notice to the petitioner as well as the fifth respondent for enquiry and the petitioner and the fifth respondent are at liberty to produce their respective documents to prove their title over the subject property. Thereafter, on perusal of those documents, the second respondent is directed to provide electricity service connection to the petitioner on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order. 4.
With the above direction, the writ petition in WP.No.9388 of 2022 is disposed of. In view of the order passed in WP.No.9388 of 2022, the writ petition in WP.No.16694 of 2022 is closed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
5/8
16.04.2024 Index: Yes/No Speaking/Non-speaking order lok To 1.The Assistant Engineer, Operation & Maintenance, TNEB, East SIPCOT, Ranipet, Ranipet District 632 403 2.The Junior Engineer, Operation & Maintenance, TNEB, 6/8
East SIPCOT, Ranipet,Ranipet District 632 403 3.The Assistant Executive Engineer, Operation & Maintenance, TNEB, Ranipet, Ranipet District 632 403 4.The Executive Engineer, Operation & Maintenance, TNEB, Ranipet, Ranipet District 5.The Project Officer, O/o The SIPCOT Project Officer, Ranipet, Ranipet District 6.The Chairman, SIPCOT, No.19A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008 7.The Thasildar, Walajah Taluk, 8.The Village Administrative Officer, Karai Village, Walajah Taluk, Ranipet District 9.The Sub Registrar, Walajah Sub Registrar Office, 10.The Inspector of Police, SIPCOT Police Station, Ranipet G.K.ILANTHIRAIYAN, J.
lok 7/8
W.P.Nos.9388 of 2022 & 16694 of 2022 16.04.2024 8/8