Gopi v. The Junior Engineer (O And M)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.14363 of 2025 Gopi, S/o.Kannan, Residing At Door No.112, Mela Veedhi Thirukovilur Town And Circle, Kallakurichi District.

... Petitioner /versus/

1. The Junior Engineer (O & M), TANGEDCO, Town-1, Kallakurichi District.

2. Mr.Seenuvasan, S/o.Rajasekar, Residing At Thiruvarasampillai Road, Thiupapuliyur, Cuddalore Town And District.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 1st respondent from disconnecting the electricity service connection in No.02-511-007-343 at Survey No.238/1A1A1A, Merpadiyur north road, Thirukovilur, Villupuram District. 1/5

For Petitioner :Mr.S.Kingston Jerold For Respondents :Mr.Swamy Subramaniyam, for R1

O R D E R

The writ petition is filed with a prayer forbearing the respondents from disconnecting the Electricity Service Connection of the petitioner in No.02511-007-343.

2. Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the writ petition and the Learned Counsel appearing on 1st respondent, the grievance of the petitioner is that on 14.02.2025 the 1st respondent had issued a communication. By the said communication, it can be seen that the petitioner is directed to produce proof of his ownership within a period of seven days.

3. It is the case of the petitioner that he is a tenant under one Jayakumar. There is a dispute as to the title in respect of the said place between the said Jayakumar and Srinivasan. Therefore, when the petitioner is a lawful tenant, the electricity cannot be disconnected. 2/5

4. If the petitioner is the tenant under the Jayakumar and if there is a title dispute, the petitioner shall place all those documents before the first respondent. The first respondent shall consider the objection of the petitioner first and in the process they can also issue notice to the other side, hear both parties and then only pass orders. Two weeks time from today is granted to the petitioner to file his objections to the said communication dated 14.02.2025 along with supporting documents.

5. The respondents shall not disconnect the connection until they complete the exercise of conducting the enquiry. The 1st respondent shall complete the enquiry and pass final orders within a period of four weeks from the date of submission of the objection by the petitioner. The parties shall act on the web copy of the order without waiting for the certified copy.

6. The writ petition is disposed of with the above terms. Consequently, connected Miscellaneous Petition is closed. No costs. 09.04.2025 bsm 3/5

To,

1. The Junior Engineer (O & M), TANGEDCO, Town-1, Kallakurichi District.

2. The Government Advocate, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY,J.

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