Ragu v. The Junior Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.12324 of 2022 Ragu

...Petitioner

Versus

1. The Junior Engineer, Operation and Maintenance, TANGEDCO, Acharapakkam, Chengelpet District.

2. The Executive Engineer, Operative and Maintenance, TANGEDCO, Acharapakkam, Chengelpet District.

3. The Superintending Engineer, Chengelpet Electric Distribution Circle, Chengelpet.

4. The Chief Engineer, No.144, Anna Salai, TANGEDCO, CHENNAI ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order dated 10.08.2021 in Ref.No.K.No.E.Ne.Po/E.P / Oora/Ach/Ko.Kattu/A.No.101/2021 passed by the first respondent and the impugned order dated 09.09.2022 in Ref.No.K.No.Se.Po/E.P/Ach/Varai/Ko.Thani/P.No.713/2022 passed by the second respondent, quash the same and consequently direct the respondent to continue the electric connection in the Survey No.92/1B.

For Petitioner : Ms.V.Kalaivani For Respondents: Mr.Jai Venkatesh Standing Counsel

ORDER

This writ petition has been filed challenging the impugned notices dated 10.08.2021 and 09.02.2022. Under the impugned notices, action has been initiated by the respondents to disconnect the electricity service connection standing in the

name of the petitioner. The petitioner claims that he is the absolute owner of the property and therefore, electricity service connection cannot be disconnected. He also claims that he is having the electricity service connection for long number of years, however, under the impugned notices, he has been called upon to produce the documentary evidence to substantiate his claim that he is the owner of the property.

2. According to the learned Standing Counsel appearing for the respondents, despite sufficient time granted to the petitioner to produce necessary documents, he has failed to do so till date.

3. Learned counsel for the petitioner would submit that the petitioner will produce all the relevant documents before the official respondents, if sufficient time is granted.

4. Admittedly no final orders have been passed till date for disconnecting the petitioner's electricity service connection. No prejudice would be caused to the respondents if the petitioner is granted some more time to produce the relevant documents to substantiate his claim that he is the owner of the property.

5. For the foregoing reasons, this Court directs the petitioner to produce all the relevant documents to substantiate his claim that he is the absolute owner of the property before the first respondent within a period of one week from the date of receipt of a copy of this order. On receipt of the documents, the first respondent shall pass final orders after affording fair hearing to the petitioner with regard to the disconnection of electricity service connection, which stands in the name of the petitioner, within a period of twelve weeks thereafter.

6. Till final orders are passed, the first respondent shall not disconnect the electricity service connection, which presently stands in the name of the petitioner.

7. With the aforesaid direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar sr

To

1. The Junior Engineer, Operation and Maintenance, TANGEDCO, Acharapakkam, Chengelpet District.

2. The Executive Engineer, Operative and Maintenance, TANGEDCO, Acharapakkam, Chengelpet District.

3. The Superintending Engineer, Chengelpet Electric Distribution Circle, Chengelpet.

4. The Chief Engineer, No.144, Anna Salai, TANGEDCO, Chennai.

+1cc to Mr.Jai Venkatesh, Advocate, S.R.No.32318 +1cc to Mr.B.Deva Kumar, Advocate, S.R.No.32270 W.P.No.12324 of 2022 GPL[co] NSK/14/06/2022