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Madras High CourtWP/8679/2020disposed of

G.Jankai v. Tamil Nadu

2023-06-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.10516 of 2020 G.Janaki

...Petitioner

Vs.

1.

Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep. by its Assistant Engineer, No.72, Durgalaya Road, Tiruvarur & District - 610 002.

2.

Rajeswari

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to give 3-phase electricity connection to the petitioner premises, No.3/198, GRD Nagar, Pavithramanickam, Ilavankargudi Village, Kudavasal Taluk and Thiruvarur District in view of the judgment in W.P.No.31640/2010 (2014 (3) MLJ, Page No.851, Murugan Vs. The Chairman, TNEB). For Petitioner : Mr.P.Vijendran For Respondents : Mr.L.Jaivenkatesh, for R1.

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O R D E R

This Writ petition has been filed seeking direction to the 1st respondent to give 3-phase electricity connection to the petitioner's premises in No.3/198, GRD Nagar, Pavithramanickam, Ilavankargudi Village, Kudavasal Taluk and Thiruvarur District, in view of the judgment made in W.P.No.31640/2010.

2. Since no adverse order is being passed against the 2nd respondent, notice to the 2nd respondent is dispensed with.

3. The case of the petitioner is that, she has purchased the House site in the year 2001 and subsequently constructed a house in the same. While so, as the petitioner faced some economic crunch, she pledged the above said property with the 2nd respondent's husband and obtained a sum of Rs.22,00,000/-. While such being the case, the 2nd respondent's husband executed a sale deed in respect of the subject property in favour of his wife/the 2nd respondent herein, vide Doc.No. 3332/2012 and subsequently, transferred the patta and E.B connection in respect of the said property to 2/6

the 2nd respondent's name and the patta in respect of the disputed property stands with joint name. Since the petitioner wants 3-phase connection separately for her premises, she made a representation dated 05.05.2020 before the 1st respondent, however, till date no orders have been passed on the same. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 05.05.2020 and to consequently give 3-phase electricity connection to the petitioner's premises as expeditiously as possible.

5. Learned counsel appearing for the 1st respondent submitted that, appropriate orders will be passed on the petitioner's representation dated 05.05.2020 within the time stipulated by this Court.

6. In view of the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 05.05.2020 on merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a 3/6

copy of this order, after affording an opportunity of personal hearing to the petitioner and the 2nd respondent.

7. Accordingly, this Writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed. 05.06.2023 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), No.72, Durgalaya Road, Tiruvarur & District - 610 002.

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M.DHANDAPANI., J.

skt and WMP.No.10516 of 2020 5/6

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