K.Krishna Das v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.8076, 8077, 8078, 8079, 8081, 8084, 8085 of 2025 K.Krishna Das ... Petitioner in W.P.No. 7261 of 2025 Elumali ... Petitioner in W.P.No. 7264 of 2025 Ronald Moses Raj ... Petitioner in W.P.No. 7265 of 2025 Mini Das ... Petitioner in W.P.No. 7268 of 2025 I.S.Ismail Basha ... Petitioner in W.P.No. 7269 of 2025 K.Murali ... Petitioner in W.P.No. 7270 of 2025 V.K.Majeed ... Petitioner in W.P.No. 7272 of 2025 Vs 1.

The Assistant Engineer, Tamil Nadu Electricity Board, Tag Auditorium, 6, Kilpauk Garden Road, Davidpuram, Kilpauk, Chennai -10.

2.

T.G.Neelan ... Respondents in all W.Ps.

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Prayer in all W.Ps.: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to restore the electricity service connection to the petitioner's shop at 112, Poonamalle High Road, Chennai - 84, also known as New No. 128, Old No. 63, Gengu Reddy Road, Chennai - 08, by considering the representation made by the petitioner on 15.02.2025.

In all W.Ps.

For Petitioner : Mr.P.John Bosco For R1 : Mr.Keerthana R.Shenoi for Mr.L.Jai Venkatesh Standing Counsel (TANGEDCO)

ORDER

This writ petition is filed to direct the first respondent to restore the electricity service connection to the petitioner's shop at 112, Poonamalle High Road, Chennai - 84, also known as New No. 128, Old No. 63, Gengu Reddy Road, Chennai - 08, by considering the representation made by the petitioner on 15.02.2025.

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2. In view of the nature of the relief sought, this writ petition is disposed of at the admission stage without notice to the second respondent. This Court is not deciding on the allegation made by the petitioner or the rights of the second respondent.

3. The grievance of the petitioner is that the petitioner is a tenant in respect of the said premises. The second respondent, who is wrongfully claiming himself as a landlord, has unlawfully instructed the first respondent and they have disconnected the power supply. When the tenant is in possession, the disconnection of electricity cannot be resorted to in an attempt to unlawfully evict the petitioner.

4. When the matter came up for admission, Mr.Keerthana R.Shenoi, the learned counsel taking notice on behalf of the first respondent, submitted that the electricity connection has not been disconnected. Therefore, the same is recorded.

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5. Since the petitioner claims that there is no power supply in the shop, the first respondent shall send the appropriate personnel/helper to ensure that the connection is restored. If it has been disconnected due to any misconnection of wires or by any manual mischief, the same shall be restored and it shall be ensured that the petitioner's shop has power supply.

6. With the above observation, this writ petition stands disposed of. 03.03.2025 nsl To 1.

THE SECRETARY, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009.

2.

THE COMMISSIONER HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034.

3.

THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, CHINNAMUTHU II STREET, PERUNDURAI ROAD, ERODE - 638 012.

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D.BHARATHA CHAKRAVARTHY, J.

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