V.B.Skanda Kumar v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.13397 of 2025 V.B.Skanda Kumar ... Petitioner Vs.

1.The Chairman Tamil Nadu Generation & Distribution Corporation Ltd No.144, Anna Salai Chennai 02.

2.The Assistant Engineer ( O & M) TANGEDCO O & M / Sastri Nagar CEDC/South II Besant Nagar, Chennai 41.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in relation to the impugned letter passed by the second respondent in Lr.No:AE / O and 1/5

M/SNR/F.Objection/D.No.234/2025 dated 28.02.2025, threatening disconnection of the electricity connection to the petitioner's premises in Plot No.5A & 5B, S.No.185/5, Jayaram Street, Thiruvanmiyur, Chennai and quash the same as against the provision of the Electricity Act 2003 and direct the second respondent not to disconnect the electricity service connection to the petitioner premises.

For Petitioner : Mr.P.Parthikannan For Respondents : M/s.M.S.Sindhuza for Mr.L.Jai Venkatesh (TANGEDCO)

ORDER

This Writ Petition is filed with the prayer to call for the records relating to the impugned communication dated 28.02.2025 threatening disconnection of the electricity connection to the petitioner's premises in Plot Nos.5A and 5B Survey No.185/5, Jayaram Street, Thiruvanmiyur, Chennai. 2/5

2. Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the Writ Petition and the material records of the case, the grievance of the petitioner is that the petitioner owns the above premises and has got electricity connection long back which comes through the common pathway and the cable is laid in the manner not to disturb anybody. Suddenly when a third party has now purchased the adjacent property, he is objecting to the same based on which the impugned order is passed.

3. When the matter came up for admission, the learned counsel appearing on behalf the respondent authority would submit that the impugned order need not be treated as an order since an objection has come from a third party, it can at best be treated as a show cause notice.

4. In view thereof, it would be open for the petitioner to show cause before the respondents that there is no other route to effect connection to his premises and that he has a right to use the common pathway for the 3/5

purpose of obtaining connection also. Upon such representation being made the respondent authority shall hear both petitioner as well as the objector and pass orders in accordance with law. The petitioner shall make an objection within a period of two weeks from the date of receipt of the web copy of the order. No costs. Consequently, connected Miscellaneous Petition is closed. 03.04.2025 dna To 1.The Chairman Tamil Nadu Generation & Distribution Corporation Ltd No.144, Anna Salai Chennai 02.

2.The Assistant Engineer ( O & M) TANGEDCO O & M / Sastri Nagar CEDC/South II Besant Nagar, Chennai 41.

4/5

D.BHARATHA CHAKRAVARTHY , J.

dna and WMP.No.13397 of 2025 03.04.2025 5/5