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Madras High CourtWP/13411/2020disposed of

M.Bharathi v. The Chairman

2020-09-30Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.09.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP No.13411 of 2020 M.Bharathi .... Petitioner Vs.

1.The Chairman, TNEB, Mount Road, Anna Salai, Chennai 600 002.

2.The Assistant Executive Engineer, TNEB, Sembium Range, No.29, Paper Mills Road,Sembium, Chennai 600 011 ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider the representation dated 14.08.2020 and direct the respondent to give separate EB Connection in the name of the petitioner.

For Petitioner : Mr.K.Chandru For Respondent : Mr.P.R.Dhilip Kumar Standing Counsel

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to consider the representation made by the petitioner on 14.08.2020 and to provide electricity connection to the petitioner.

2. The grievance of the petitioner is that the property consists of a ground floor and first floor and the petitioner is living along with her daughters in the ground floor. There is a dispute between the petitioner and her brother. According to the petitioner, her brother has disconnected the electricity connection and even though this was informed to the respondents, no action has been taken till date. Aggrieved by the same, the present writ petition has been filed before this Court. 3.

Mr.P.R.Dhilip Kumar, learned Standing counsel https://hcservices.ecourts.gov.in/hcservices/

appearing for the respondents submitted that an inspection was conducted by the 2nd respondent and it was found that no one is residing in the first floor. The learned counsel further submitted that there is already an electricity connection given to the premises and therefore, fresh electricity connection cannot be given in favour of the petitioner.

4.

Taking into consideration the facts and circumstances of the case and also of the fact that there is already an exsisting electricity connection that has been given by the 2nd respondent for the premises, no one has the right to disconnect it, except the 2nd respondent. The electricity equipments are the properties of the Electricity board and no one has the right to tamper with the same. In view of the same, the 2nd respondent is directed to immediately restore the electricity connection in the premises. If any one disconnects the electricity without the concurrence of the department, action shall be taken in accordance with law. It goes without saying that the petitioner shall pay whatever is the amount due and payable to the Department, before the electricity connection is restored. 5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka To

1. The Chairman, TNEB, Mount Road, Anna Salai, Chennai 600 002.

2. The Assistant Executive Engineer, TNEB, Sembium Range, No.29, Paper Mills Road,Sembium, Chennai 600 011 +1 cc to M/s.K.Chandru, Advocate Sr.No. 32265 WP No.13411 of 2020 MG(CO) RMP(28/10/2020) https://hcservices.ecourts.gov.in/hcservices/