K.Marimuthu v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mr. K. Marimuthu, S/o. Mr. Karuppasamy, 35, RVE Nagar, 8th Street, Nallur, Tiruppur ... Petitioner /versus/

1. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, RVE Nagar, Tiruppur.

2. The Executive Officer, Arulmigu Visweswarar Swamy Visalatchi Amman & Subramaniyaswami Temple, Nallur, Tirppur - 641 604.

... Respondents R2 is suo motu impleaded by this Court vide order dated 17.03.2025. Prayer: Writ Petition has been filed under Article 226 of Constitution of India, Writ of Mandamus, directing the Respondent herein to consider my application dated 14.12.2024 sent for granting Domestic Electricity Service Connection for the house situate at S.F. No. 35, RVE Nagar, 8th Street, Nallur, Tiruppur. For Petitioner : Mr.S.Muthu Koodalingam,

for RRN Legal For Respondents : Ms.M.S.Sindhuja, Assisted by Mr.L.Jaivenkatesh, for R1 : Mr.K.Karthikeyan, Government Advocate, for R2 (HR & CE)

O R D E R

The prayer in the writ petition is to direct the first respondent to consider the application of the petitioner dated 14.12.2024 for granting domestic electricity service connection for the house situated at S.F.No.35 RVE Nagar, 8th Street, Nallur, Tirupur.

2. When the matter came up for admission, Ms.Sindhuja, learned Counsel appearing on behalf of the TANGEDCO/1st respondent would submit that the second respondent is claiming that the property belongs to the temple. In view of the same, this writ petition is disposed of on the following terms. (i) If the petitioner accepts that the property belongs to the second respondent/Temple, when the petitioner shall approve the second respondent for a grant of No Objection Certificate and make the application along with the No

Objection Certificate.

(ii) If the petitioner disputes the title of the temple, it will be open for the petitioner to approach the Civil Court in the manner known to law and the TANGEDCO authorities will only act as per the interim order or final decree that may be passed by the Civil Court.

3. With the aforesaid, this Writ petition is disposed of. There shall be no order as to costs.

17.03.2025 : No.

bsm To,

1. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, RVE Nagar, Tiruppur.

2. The Executive Officer, Arulmigu Visweswarar Swamy Visalatchi Amman & Subramaniyaswami Temple, Nallur, Tirppur - 641 604.

3. The Government Pleader, High Court, Madras.

D.BHARATHA CHAKRAVARTHY , J.

bsm 17.03.2025