K. Selvaraj v. T. Sakthivel
2025:MHC:866
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP NO. 3818 OF 2024
1. K. Selvaraj Appellant(s) Vs
1. T. Sakthivel 2.The Chairman Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai 600 002.
3.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Coimbatore Power Distribution Circle / South, Negamam, Coimbatore District.
4.The Assistant Electricity Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd.,
Katampatti, Negamam Taluk, Coimbatore District.
5.The District Collector, Coimbatore, Coimbatore District.
Respondent(s) PRAYER To set aside the common order dated 05.05.2023 made in W.P.No.14531 of 2023.
For Appellant(s):
Mr.M.Sivavarthanan For Respondent(s):
M/s.N.Ponraj For R1 Ms.Sindhuza M.S.
For M/s.L.Jaivenkatesh For R2 To R4 Mr.G.Ameedius Govt. Advocate For R5
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The writ order dated 05.05.2023 is under challenge in the present IntraCourt Appeal.
2. The Writ Court directed the Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO) authorities to consider the application submitted by the 1 st respondent for providing electricity service connection. Similarly, in an interim order granted by the Civil Court in I.A.No.2 of 2022 in O.S.No.199 of 2022, the learned District Munsif passed an order, stating that "that this order of temporary injunction is noway affected the respondents right to obtain the electricity service connection which crosses through the petitioner/plaintiff land from electricity board according to law".
3. With reference to the interim order and based on the application submitted by the 1 st respondent, the Electricity Board authorities have taken a decision to provide an electricity connection to the 1 st respondent. According to the status report filed by the Assistant Executive Engineer, in paragraph 8, it states as under:
"8. I humbly submit that the electricity extension works are completed on 02.09.2023 with necessary police protection. I humbly submit that the said electricity overhead line has been extended from the pole situate at 1 st respondent land in Survey No.447/1D to the 1 st respondent land in Survey
No.447/1A and only a distance of approximate 10 meter of the common pathway is covered by the overhead electrical lines and the said overhead line is extended at a height of 22 feet approximately and it is in no way affect the usage of the common pathway either by the 1 st respondent or the Appellant herein. I humbly submit that since the target for granting of electricity service connection is not released by the Government, still service connection is not effected to the 1 st respondent herein and only extension works have been completed."
4. In view of the above report, no further consideration is required. Accordingly, the Writ Appeal stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 03-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.T. Sakthivel S/o.Thirumalaisamy Gounder, S.F.No.447/1A, Ellai Thottam, Nagarakalandai, Malaipalayam Village, Sulur Taluk, Coimbatore District.
2.The Chairman Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai 600 002.
3.The Executive Engineer, operation and Maintenance Tamil Nadu Generation and Distribution corporation Ltd., Coimbatore Power Distribution Circle / south Negamam Coimbatore District.
4.The Assistant Electricity Engineer, operation and Maintenance Tamil Nadu Generation and Distribution corporation Ltd., Katampatti, Negamam Taluk Coimbatore District.
5.The District Collector, Coimbatore, Coimbatore District.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni 03-03-2025