P.Mani v. The Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Mani . . . Petitioner Vs.

1. Chairman Cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO) N.P.K.R.R. Maligai, Electricity Avenue 144, Anna Salai, Chennai-600 002.

2. The Assistant Engineer, Mangalapuram Extention, Ambattur Industrial Estate, TANGEDCO, Chennai-600 098.

3. Mrs.Amalourpavam . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other writ order or direction in the nature of a writ, directing the 1st respondent to consider the petitioner's representation dated 28.05.2023 for removal of service connection passing through petitioner's plot, taken for 3rd respondent's property in plot no.204, Kakkanji Street, Thanthai Periyar Nagar, Korattur, Chennai.

For Petitioner : M/s.J.S.Arunkumar For Respondents : Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO for R1 & R2.

ORDER

This Writ Petition has been filed for a direction to the 1st respondent to consider the representation dated 28.05.2023 seeking removal of service connection passing through the petitioner's plot.

2. Mr.L.Jai Venkatesh, learned Standing counsel takes notice on behalf of the Respondents 1 & 2.

3. Since, no adverse order is being passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

4. It is the case of the petitioner that he is residing in Plot No.193 which was allotted by the TamilNadu Slum Clearance Board. There was a

road access to the petitioner's plot via MGR Nagar. However, when the petitioner left to his native place, one Rejina, the daughter of the 3rd respondent had demolished the compound wall and had illegally created a passage in the petitioner's property. Due to said passage dispute, the petitioner filed a suit in O.S.No.321 of 2021 on the file of District Munisif Court, Ambattur and the same is pending. Upon application by said Regina for electricity service connection, the 2nd respondent has illegally provided an electricity service connection through the disputed passage in the petitioner's property. Hence, the petitioner made a representation dated 28.05.2023 to the 1st respondent seeking removal of electricity service connection. Since, the said representation did not evoke any response, the petitioner is before this Court.

5. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representation dated 28.05.2023 seeking to removal of electricity service connection passing through the petitioner's property and pass orders on merits within the time that may be stipulated by this Court.

6. Learned Standing Counsel appearing appearing on behalf of respondents 1 & 2 has no objection to the said order being passed.

7. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 28.05.2023 seeking removal of electricity service passing through the petitioner's property and pass appropriate orders in accordance with law within a period of six weeks from the date receipt of a copy of this order.

8. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. 22.06.2023 Index : Yes / No Internet : Yes / No NHS

To

1. Chairman Cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO) N.P.K.R.R. Maligai, Electricity Avenue 144, Anna Salai, Chennai-600 002.

2. The Assistant Engineer, Mangalapuram Extention, Ambattur Industrial Estate, TANGEDCO, Chennai-600 098.

M.DHANDAPANI, J NHS 22.06.2023