J.Karthikeyan, v. The Assistant Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.20733 of 2014 J.Karthikeyan ... Petitioner Vs.

1.The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Ltd. (TANGEDCO), Chinnaputhur, Dharapuram, Tirupur District 2.T.Boopalan 3.T.Dhanasekaran 4.R.Prakash 5.V.Savithri

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st Respondent to provide electricity connection to the Well situated in the Petitioner's agricultural land bearing R.S.No.494 at Govindapuram Gramam, Dharapuram Taluk, Erode Registration District based on his Application No.047 dated 08.01.2014 on the file of the 1st Respondent. For Petitioner : Mr.R.Nandhakumar For R1 : Mr.L.Jai Venkatesh [For TANGEDCO] For R2 to R5 : Mr.R.Govindaraj

O R D E R

The relief sought for in the present writ petition is to direct the 1st respondent to provide Electricity Service Connection to the Well situated in the Petitioner's agricultural land bearing R.S.No.494 at Govindapuram Gramam, Dharapuram Taluk, Erode District based on his Application No.047 dated 08.01.2014 on the file of the 1st Respondent.

2. The application submitted by the petitioner for providing Electricity Supply connection was considered and a communication was issued to the writ petitioner on 05.02.2014, stating that the respondents 2 to 5 are claiming ownership in respect of the subject property and only in the event of obtaining ownership certificate from the Tahsildar, the Board will be in a position to consider the application submitted by the writ petitioner for providing electricity service connection in the Well.

3. This Court is of the considered opinion that title or ownership cannot be adjudicated in a writ proceedings by this Court. The petitioner is bound to establish his title or ownership by producing all relevant documents.

4. The learned counsel for the petitioner states that such documents were already produced before the authorities. However, there was an objection from the respondents 3 to 5 on the ground that they are the owners of the subject property.

5. This being the factum the petitioner has to establish the same by approaching the competent Civil Court of Law or by producing all relevant documents before the competent authorities. However, the other disputes with reference to the immovable property cannot be adjudicated in a writ proceedings. In the event of establishing the case by the petitioner, the application submitted is to be considered.

6. With these observations, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CJ conf) // True Copy // Sub Assistant Registrar Jeni/Cse

To The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Chinnaputhur, Dharapuram, Tirupur District.

+1cc to Mr.R.Nandhakumar, Advocate SR.No.65522 +1cc to Mr.R.Govindaraj, Advocate SR.No.65637 W.P.No.20733 of 2014 SV(CO) CB(22/12/2021)