Senthamarai Selvi v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.18084 of 2025 Senthamarai Selvi ... Petitioner Vs.

1.The Executive Engineer Tamil Nadu Power Distribution Corporation Limited Operation and Maintenance Thiruvarur.

2.The Assistant Executive Engineer Tamil Nadu Power Distribution Corporation Limited Operation and Maintenance, Suburban Thiruvarur.

3.The Assistant Engineer Tamil Nadu Power Distribution Corporation Operation and Maintenance Sub Station, Main Road Nannilam Thiruvarur District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarifie Mandamus, to call for the records relating to letter dated 15.04.2025 issued by the third respondent and quash the same consequently direct the third respondent herein to provide service connection to the petitioner's house bearing Door No.24-1, Main Road, Sikarpalayam, Nalamangudi, Nannilam Taluk, Thiruvarur District. For Petitioner : Mr.T.Muruganantham For Respondents : Mr.D.R.Arunkumar TNPDCL

ORDER

This Writ Petition is filed challenging the impugned order dated 15.04.2025.

2. When the petitioner sought for domestic connection for their house, the same has been rejected by the order dated 11.04.2025. It can be seen that by mentioning that the entire property remains as a joint patta and the case is also pending before the Civil Court and that the revenue 2/6

documents are not submitted the impugned order has been passed. But however, a copy of the judgement and decree of the Civil Court dated 31.10.2013 is produced before this Court. On a perusal thereof, it can be seen that the said Baskaran has filed O.S.No.19 of 2006 for partitioning of the property in question and preliminary decree has been granted earmarking 1/6th share to the said Baskaran. It can be seen that the petitioner's husband Tamilarasan is also shown as third defendant and he is also entitled to 1/6th share even as per the said decree. Therefore when the application is made by one of the co-owner by obtaining indemnity bond and verifying whether there is any physical segregation of the property the connection can be given.

3. In view thereof, this Writ Petition is disposed of on the following terms;

(i) The impugned order dated 15.04.2025 shall stand quashed;

(ii) The respondent shall re-consider the application of the petitioner by making a fresh inspection and apart from the revenue document the copy of the judgement and decree can also be taken on record and after getting such 3/6

indemnity bond and verifying as to whether the petitioner is residing the separate portion the electricity connection can be effected;

(iii) The said exercise shall be completed within a period of 12 weeks from date of receipt of the copy of the order, without waiting for the certified copy of the order; (iv) No costs. Consequently, connected Miscellaneous Petition is closed.

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To 1.The Executive Engineer Tamil Nadu Power Distribution Corporation Limited Operation and Maintenance Thiruvarur.

2.The Assistant Executive Engineer Tamil Nadu Power Distribution Corporation Limited Operation and Maintenance, Suburban Thiruvarur.

3.The Assistant Engineer Tamil Nadu Power Distribution Corporation Operation and Maintenance Sub Station, Main Road Nannilam Thiruvarur District.

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D.BHARATHA CHAKRAVARTHY , J.

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