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Madras High CourtWP/11157/2021disposed of

Yaswanth v. The Chairman,

2024-06-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.11157 of 2021 and WMP.No.11788 of 2021 1.Yaswanth 2.Prema 3.Praveen

...Petitioners

Vs.

1.The Chairman, Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), Anna Salai, Chennai 600 002 2.The Executive Engineer, (operation and maintenance), Niligiris Electricity Distribution Circle, Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), Udhagamandalam, The Nilgiris 3.The Divisional Officer, Electricity Board, Aavin Building, Coonoor Road, Udhagamandalam, The Nilgiris 4.The Assistant Engineer, (operation and maintenance), Lake View, Nilgiris Electricity Distribution Circle, Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), Udhagamandalam, The Nilgiris 5.Nandha Kumar ... Respondents 1/4

PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent not to provide electricity service connection to the petitioner's well in Old Survey Nos.618/2, 618/3, 618/4 corresponding to T.S.No.J/1/46, J/1/47, J/1/48 in R.K.Puram, Udhagamandalam East Village, Udhagamandalam Town, The Nilgiris at the instance of the fifth respondent. For Petitioners : M/s.V.Srimathi For Respondents For R1 to 4 : Mr.L.Jaivenkatesh, Standing Counsel

ORDER

This writ petition has been filed for direction to the fourth respondent not to provide electricity service connection to the petitioner's well in Old Survey Nos.618/2, 618/3, 618/4 corresponding to T.S.No.J/1/46, J/1/47, J/1/48 in R.K.Puram, Udhagamandalam East Village, Udhagamandalam Town, The Nilgiris at the instance of the fifth respondent.

2.

The objection raised by the petitioner is pending on the file of the fourth respondent. The learned Standing Counsel appearing for the 2/4

respondents also submits that on the objection raised by the petitioner, property was inspected and found that the well is situated in a common property, in which the petitioner as well as the fifth respondent are having share.

3.

Therefore, the fourth respondent is directed to issue notice to the petitioner as well as the fifth respondent on the application submitted by the fifth respondent seeking electricity service connection for the subject property and to conduct enquiry after giving opportunity of hearing to them and to pass appropriate orders on the application submitted by the fifth respondent seeking electricity service connection for the subject property, within a period of twelve weeks from the date of receipt of copy of this order.

4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

10.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Chairman, Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), Anna Salai, Chennai 600 002 2.The Executive Engineer, (operation and maintenance), Niligiris Electricity Distribution Circle, Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), Udhagamandalam, The Nilgiris 3.The Divisional Officer, Electricity Board, Aavin Building, Coonoor Road, Udhagamandalam, The Nilgiris 4.The Assistant Engineer, (operation and maintenance), Lake View, Nilgiris Electricity Distribution Circle, Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), Udhagamandalam, The Nilgiris 10.06.2024 4/4