Pachaiammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Pachaiammal ... Petitioner Vs

1. The District Collector, Office of the District Collector,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tondairpet Division,

3. The Assistant Engineer, Tamil Nadu Electricity Board, Tollgate, Chennai - 600 081.

4. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai.

5. The Inspector of Police, H5 New Washermenpet Police Station,

6. Ananthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to permanently restore the Electricity connection in TNEB service No.0100300336, for my house in No.15/2 VeeraRagavan Road, New Washermenpet, Chennai - 600 081.

For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.J.C.Durairaj (R1 and R2) Additional Government Pleader Ms.Keerthana Shenoi (R3) for Mr.L.Jai Venkatesh Standing Counsel Mr.Leonard Arul Joseph Selvam (R4 & R5) Government Advocate (Crl.side)

O R D E R

Mr.J.C.Durairaj, learned Additional Government Pleader accepts notice for R1 and R2, Ms.Keerthana Shenoi, learned counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for R3 and Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Crl.side) accepts notice for R4 and R5. They are armed with necessary instructions to enable final disposal of this Writ Petition, even at the stage of admission. No notice is thought necessary to R6, being a private party, at this juncture in light of the order that is passed now.

2. The prayer of the petitioner is for a mandamus directing the third respondent, Assistant Engineer, Tamil Nadu Electricity Board to restore permanently Electricity connection in TNEB service No.0100300336, in respect of house at No.15/2 VeeraRagavan Road, New Washermenpet, Chennai - 600 081.

3. Ms.Keerthana, learned counsel appearing for R3, against whom relief is sought, confirms that the disconnection of electricity is not at the instance of R3. She also produces the consumer ledger to show that the connection is live.

4. Learned counsel for the petitioner would acquiesce that the disconnection is at the instance of R6, the daughter-in-law of the petitioner. Apparently, there had been disputes between the petitioner and R6 that were also subject matter of complaints and First Information Reports before R5, Inspector of Police, H5 New Washermenpet Police Station.

5. Learned Government Advocate for R4 and R5 states that an enquiry had been conducted and the parties have arrived at a compromise and the complaints were thereafter closed. No documentation in respect of the aforesaid averments are available with him at this juncture and the Court merely records his oral submissions in this regard.

6. The trigger for the present Writ Petition appears to be a flare up of the controversy between the petitioner and the private respondent with which the

Court is not really concerned and cannot, in any event, address in a Writ Petition.

7. Be that as it may, the proper course for the petitioner is to approach R4, Commissioner of Police with a complaint if she is so inclined and Mr.Selvam would agree that if such a complaint is filed, notice will be issued to R6 and the complaint would be enquired into in line with the principles of natural justice, expeditiously.

8. Thus the petitioner is granted liberty to approach R4 along with a complaint on 10.10.2023 at 10.30. a.m. Upon receipt of the complaint, notice will be issued to R6, enquiry caused and the complaint decided within a period of four (4) weeks from date of hearing of the complaint.

9. This Writ Petition is dismissed with liberty as above. No costs. 05.10.2023 Index : Yes / No Speaking Order :Yes sl To

1. The District Collector, Office of the District Collector,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tondairpet Division,

3. The Assistant Engineer, Tamil Nadu Electricity Board, Tollgate, Chennai - 600 081.

4. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai.

5. The Inspector of Police, H5 New Washermenpet Police Station,

Dr.ANITA SUMANTH, J.

Sl 05.10.2023