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Madras High CourtWP/15643/2023dismissed

A.Ashok Kumar v. The Chairman Cum Managing Director

2023-05-18Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.05.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.15135 of 2023 1.A.Ashok Kumar 2.A.Kalaiselvi ... Petitioners vs.

1.The Chairman Cum Managing Director, TNEB, Tamil Nadu Generation and Distribution Corporation Board, TANTRANSCO Building, Anna Salai, Chennai 600 002.

2.The Superintendenting Engineer, (North Chennai) Ground Floor, 5-B, Block, TANTRANSCO Building, Anna Salai, Chennai 600 002.

3.The Executive Engineer, Perambur, Tamil Nadu Electricity Board Office, No.75, Paper Mills Road, Perambur, Chennai 600 011.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to remove the illegal electricity distribution connection taken from the petitioners house Electricity Distribution Mini Pillar Box which is fixed only for the usage of the Service Connection Numbers (030-003-935), (030-003-938), (030-003430), (030-003-1012), (030-003-1013), (030-003-1014) which was in the name of second petitioner on the part of the respondents to the petitioners. For Petitioners : Mr.G.Saravanan For Respondents : Mr.L.Jaivenkatesh, SC (TNEB)

ORDER

The petitioners seek a direction for the removal of the electricity service connection given to a third party from an Electricity Distribution Mini Pillar Box installed outside the petitioners' house.

2. The petitioners state that the Electricity Distribution Mini Pillar 2/5

Box was installed by the respondents at the request of the petitioners. Learned counsel for the petitioners points out that the petitioners had paid a sum of Rs.11,600/- in relation to the installation of the Pillar Box. Therefore, he submits that the said Pillar Box should be utilized only for providing electricity service connections to the petitioners. On the ground that the said Pillar Box was used for providing electricity service connection to one Mr.Mohanraj, the present writ petition is filed.

3. Mr.L.Jaivenkatesh, (TNEB), learned standing counsel for the respondents accepts notice. On instructions, he submits that the Electricity Distribution Mini Pillar Box is the property of the respondents. Consequently, he submits that the respondents are entitled to provide service connections to persons other than the petitioners.

4. The Electricity Distribution Mini Pillar Box is admittedly installed outside the petitioners' premises. Even otherwise, such installations constitute the property of the Electricity Department and not any individual consumer. Hence, the relief claimed in the writ petition is completely 3/5

misconceived.

5. Accordingly, W.P.No.15643 of 2023 is dismissed without any order as to costs. Consequently, W.M.P.No.15135 of 2023 is closed. 18.05.2023 Index : Yes / No Internet : Yes / No rna To 1.The Chairman Cum Managing Director, TNEB, Tamil Nadu Generation and Distribution Corporation Board, TANTRANSCO Building, Anna Salai, Chennai 600 002.

2.The Superintendenting Engineer, (North Chennai) Ground Floor, 5-B, Block, TANTRANSCO Building, Anna Salai, Chennai 600 002.

3.The Executive Engineer, Perambur, Tamil Nadu Electricity Board Office, No.75, Paper Mills Road, Perambur, Chennai 600 011.

4/5

SENTHILKUMAR RAMAMOORTHY,J rna and W.M.P.No.15135 of 2023 18.05.2023 5/5