P.Bakiyaraj v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.17636 of 2021 P.Bakiyaraj ... Petitioner Vs.
1.The Executive Engineer, Operations & Maintenance, Tamil Nadu Electricity Board, Town Division, Gandhi Nagar, Vellore - 6.
2.The Junior Executive Engineer, Tamil Nadu Electricity Board, Virinjipuram Electricity Board Office, Virinjipuram, Vellore - 6.
3.Assistant Executive Engineer, Tamil Nadu Electricity Board, Senapakkam Electricity Board Office, Senapakkam, Vellore - 6.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 14.02.2021 to issue Electricity connection.
For Petitioner : Mr.K.Tamilarasan for Mr.K.Chandrakumar For Respondents : Mr.S.Madhusudanan Standing Counsel for TANGEDCO
ORDER
The relief sought for in the present writ petition is to direct the the respondents to consider the petitioner's representation dated 14.02.2021, to provide Electricity service connection.
2.
The petitioner states that he purchased the vacant land measuring about 1200 Square Feet on 20.12.2013 in Survey No.27/6 at Abdullahpuram Village, "VIP City Gated Community", Vellore Taluk, Vellore District.
3.
The petitioner has constructed a house and submitted an application to provide electricity service connection. Since the
respondents/Board have not considered the application submitted by the petitioner dated 14.02.2021, the present writ petition came to be instituted. 4.
Learned Standing Counsel, Mr.S.Madhusudanan appearing on behalf of the Electricity Board would submit that one Mr.Govindaraj has filed a petition to provide electricity connection on the ground that he is the decree holder in a Civil Suit, in respect of the subject property and Patta also has been granted in favour of the said Mr.Govindaraj. Therefore, the respondent/Board is unable to provide electricity connection to the petitioner.
5.
However, learned Counsel for the petitioner would submit that the writ petitioner is not a party to the said Civil Suit. Therefore, the decree is not binding on him.
6.
Learned Standing Counsel would oppose by stating that the father of the writ petitioner is the party to the said Civil Suit. Therefore, it is for the petitioner to clarify these aspects and thereafter submit his application. Thus, the petitioner is at liberty to clarify by submitting the
relevant documents with reference to his title, ownership and Patta. In the event of such clarification, if any application is submitted by the petitioner, the same is to be considered by the respondent/Board.
7. With these observations, the Writ Petition stands disposed of. No costs.
08.02.2024 veda Index : yes/no Speaking order/Non-speaking order : yes/no To 1.The Executive Engineer, Operations & Maintenance, Tamil Nadu Electricity Board, Town Division, Gandhi Nagar, Vellore - 6.
2.The Junior Executive Engineer, Tamil Nadu Electricity Board, Virinjipuram Electricity Board Office, Virinjipuram, Vellore - 6.
3.Assistant Executive Engineer, Tamil Nadu Electricity Board, Senapakkam Electricity Board Office, Senapakkam, Vellore - 6.
S.M.SUBRAMANIAM, J.
veda 08.02.2024