M.Kuppan v. The Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.20580 of 2018 M.Kuppan ... Petitioner Vs.
1. The Chairman, Tamil Nadu Energy Generation and Distribution Corporation (TANGEDCO), Anna Salai (Mount Road), Chennai - 600 002.
2. The Executive Engineer, Tamil Nadu Energy Generation and Distribution Corporation (TANGEDCO), CISR Road, Title Park, Chennai - 600 113.
3. The Assistant Engineer, Tamil Nadu Energy Generation and Distribution Corporation (TANGEDCO), Tharamani, Chennai - 600 096.
4. Mrs.K.Radha ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 to 3 respondents herein to pass an appropriate order of direction not to issue a new separate additional service of the Electrification towards the petitioner's house situated at Door No. 34/30-A, Srinivasa Rao Street, Dr. Ambedkar Purachi Nagar, Perungudi, Chennai - 600 096, on the name of one Mrs.S.Radha W/o. Senthil, the fourth respondent herein, on the basis of the petitioner's representation by the Register Post and in-person dated 20.06.2018. For Petitioner : Dr.R.Natarajan for M/s.Dali Tiger C.Ponnusamy For R1 to R3 : No appearance For R4 : Mr.D.G.Logeshwaran
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 to 3 to pass appropriate order of direction not to issue a new separate additional electric connection service to the petitioner's house situated at Door No. 34/30-A, Srinivasa Rao Street, Dr. Ambedkar Purachi Nagar, Perungudi, Chennai - 600 096, on the name of one Mrs.S.Radha W/o. Senthil, the 4th respondent herein, on the basis of the petitioner's representation by the Register Post and in-person dated 20.06.2018.
2. The 4th respondent in the writ petition is the daughter of the petitioner. The 4th respondent is also residing in the same premises, where the petitioner resides.
3. Dr.R.Natarajan, learned counsel for the petitioner would submit that the 4th respondent is attempting to secure additional electricity connection for the same premises under her name. The petitioner had already submitted his objections to the Board Authorities not to provide any such connection in favour of the 4th respondent.
4. Under these circumstances, the relief as such sought for is based on the apprehension, which cannot be granted by this Court. Cause of action did not arise for the purpose of issuing any direction. The petitioner has not made it clear, whether the objections submitted by him was considered by the authorities or not.
5. Electricity being an essential service, Court cannot direct the authorities not to provide electricity service connection unless an adverse
order has been passed. Thus, the petitioner has not established any cause for the purpose of granting the relief.
6. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 31.01.2024 Jeni Index : Yes Speaking order / Non-speaking order
To
1. The Chairman, Tamil Nadu Energy Generation and Distribution Corporation (TANGEDCO), Anna Salai (Mount Road), Chennai - 600 002.
2. The Executive Engineer, Tamil Nadu Energy Generation and Distribution Corporation (TANGEDCO), CISR Road, Title Park, Chennai - 600 113.
3. The Assistant Engineer, Tamil Nadu Energy Generation and Distribution Corporation (TANGEDCO), Tharamani, Chennai - 600 096.
S.M.SUBRAMANIAM, J.
Jeni 31.01.2024