Dr.C.Arumugham v. Tamilnadu Generation And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.12443 & 12444 of 2020

1. Dr.C.Arumugham,

2. Dr.Thenmozhi

3. P.T.Hareeswar

4. Kamalammal

...Petitioners

vs.

1. Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO) Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai-600 002.

2. Assistant Engineer, TANGEDCO (Supply) Seven Wells, Chennai 600 001.

3. The Inspector of Police, N3, Muthiapet Police Station, Chennai-600 001.

4. Subhana Begum 5.N.K.A.Farida Begum 1/6

6.N.K.A.Abdul Hassan 7.N.K.A.Syed Ibrahim, 8.N.K.A.Abdul Rahim ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing or any other order in the form of Writ or direction directing the respondents 1 & 3 herein to shift the entire electricity connection (3-phase) in Service No.109/011/118 to the exclusive and separate portion of the petitioner in the ground floor portion at 70, Portuguese church street, Chennai-600 001, at his expenses, within a stipulated period, with the police protection to the Electricity officials. For Petitioner : M/s.C.Umashankar For Respondents : Mr.L.Jaivenkatesh, Standing Counsel (TNEB) for R1 to R3.

: Mr.A.Shanthi for R4 to R8

ORDER

This Writ Petition has been filed for a direction to respondents 1 & 2 to shift the entire electricity connection (3-phase) in Service No.109/011/118 to the exclusive and separate portion of the petitioner in the 2/6

ground floor portion at 70, Portuguese church street, Chennai-600 001, at his expenses, within the time that may be stipulated by this Court.

2. The petitioners are the tenants in the disputed property wherein, they are running a hospital by name "MINT HOSPITAL" for the past 40 years. The property in dispute originally belonged to one Ansar Ali who had settled the entire property in favour of his wife Ayisha Mariyam. Subsequently, the said property was purchased by the petitioners from Ayisha Mariyam vide registered sale deed, pursuant to which, there was a dispute between the petitioners and the legal heirs of Ansar Ali which lead to the filing of suit before the civil forum which is pending consideration. Though, the petitioners have purchased the above said property, however, the revenue records and electricity connection stands in the name of Ansar Ali, the erstwhile owner of the property. While so, the petitioners made a representation dated 27.02.2020 to the respondents seeking to shift the entire electricity service connection to their premises. However, till date, the same has not been considered. Hence, this Writ Petition has been filed. 3/6

3. Learned counsel for the petitioners submits that the civil proceedings are pending consideration before the competent civil court with respect to the subject property, the petitioners may be permitted to canvas the relevant points in the suit which is filed by the petitioners.

4. On the above contention, this Court heard the learned standing counsel appearing for the respondents.

5. It is evident from the materials available on record, pertaining to the disputed property suit is pending before the competent civil court. In view of the pendency of the suit, liberty is granted to the petitioners to canvas all the points in the suit pending before the competent civil court. Further, if the petitioners succeeds in the suit which is pending consideration, it is open for the petitioners to file a fresh application for shifting the electricity service connection to their premises. 4/6

6. This Writ Petition stands disposed of with the above liberty. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

05.06.2023 Index : Yes/No Speaking order : Yes/No NHS To:

1. The Chairman and Managing Director, Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO) 144, Anna Salai, Chennai-600 002.

2. Assistant Engineer, TANGEDCO (Supply) Seven Wells, Chennai 600 001.

3. The Inspector of Police, N3, Muthiapet Police Station, Chennai-600 001.

5/6

M.DHANDAPANI ,J.

NHS 05.06.2023 6/6