M.Murali v. The Superintendent Of Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2020
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.7272 of 2020 M.Murali ..Petitioner -Vs1.The Superintendent of Engineer, TNEB, No.97, Kodambakkam High Road, Nungambakkam, Chennai-34.
2.The Executive Engineer, TNEB, No.97, Kodambakkam High Road, Nungambakkam, Chennai-34.
3.The Assistant Engineer, Chennai Electricity Distribution Circle/Central, No.97, Kodambakkam High Road, Nungambakkam, Chennai-34.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give separate service connection for petitioner's dwelling house on the basis of the representation dated 17.12.2019 and pass any other appropriate orders.
For Petitioner : Mr.D.Rajagopal For Respondents : Mr.N. Damodaran
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to give a separate service connection for the portion occupied by the petitioner based on a representation made by the petitioner on 17.12.2019. 2.The case of the petitioner is that he was residing in the dwelling house along with his brother and after the demise of his brother, the electricity connection stands in the name of the sister-in-law of the petitioner.
Originally, the electricity bills used to be paid jointly by the petitioner and other family members. Subsequently, there is some dispute
between the petitioner and his sister-in-law and according to the petitioner, the service connection in the portion occupied by the petitioner was disconnected. Therefore, the petitioner had made a representation to the respondents seeking for a separate connection and for a separate meter. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Mr.N.Damodaran, learned counsel appearing on behalf of the respondents submitted that the petitioner has already been informed to submit necessary documents to prove that he is in occupation of the portion of the property to which he is seeking for electricity connection. The learned counsel further submitted that if the same is submitted by the petitioner, the same will be immediately considered and necessary action will be taken.
4.In reply to the submission, the learned counsel for the petitioner submitted the petitioner is in possession of Adhar Card, Voter ID and also Ration Card and he will therefore submit all these documents to the respondents. 5.Taking into consideration the facts and circumstances of the case and after carefully considering the submissions made on either side, this writ petition is disposed of with a direction to the petitioner to submit a fresh representation to the 3rd respondent along with all necessary documents. The 3rd respondent immediately on receipt of the representation, shall take appropriate action within a period of ten days from the date of receipt of the representation from the petitioner. It is made clear that the electricity connection, if any, given to the petitioner will not in any way confer him any right and the pending civil litigation shall be considered independently without giving any emphasis to this order passed in the present writ petition.
This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
KP To 1.The Superintendent of Engineer, TNEB, No.97, Kodambakkam High Road, Nungambakkam, Chennai-34.
2.The Executive Engineer, TNEB, No.97, Kodambakkam High Road, Nungambakkam, Chennai-34.
3.The Assistant Engineer, Chennai Electricity Distribution Circle/Central, No.97, Kodambakkam High Road, Nungambakkam, Chennai-34.
W.P.No.7272 of 2020 LN(CO) RMP(24/07/2020)