N.Sivachandiran v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. N.Sivachandiran S/o.Natarajan, 5/397, Sivakammiammal Thottam, Pannimadai-641 017 Coimbatore District Petitioner(s) Vs The Executive Engineer Coimbatore Electricity Distribution Circle/North, K.Vadamadurai, Coimbatore-614 017 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus to direct the respondent herein to provide electricity connection to the petitioner's premises situated at S.No.126-1A4, Pannimadai village, Coimbatore Taluk and District, within the time frame fixed by this Court.

For Petitioner(s):

Mr.M.Jayaraj For Respondent:

Mr.L.Jai Venkatesh Standing Counsel

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondent to act upon the on-line application submitted by the petitioner wherein the petitioner is seeking for providing service connection in his name for the house property.

2.

Heard Mr.M.Jayaraj, learned counsel for the petitioner and Mr.L.Jai Venkatesh, learned Standing Counsel for respondent. 3.

The case of the petitioner is that a larger extent of property was partitioned among the co-owners through a partition deed dated 16.06.2006 registered as document No.34806 of 2006. Thereafter, an extent of 36 cents of land was jointly held by six co-owners. They in turn orally partitioned and each of them constructed a house independently in those 36 cents. The petitioner also constructed a house and had applied for service connection. The grievance of the petitioner is that the application was neither rejected nor was acted upon and the petitioner was only informed that his request has been rejected on the ground that it is a joint property.

4.

The learned Standing counsel appearing for the respondent produced the written instructions received from the Assistant Engineer, TNPCDL. On going through the same, it is seen that one R.Balasubramanian had raised an objection and the application submitted by the petitioner was kept pending for some time by directing the petitioner to rectify the defects. However, since no clarification was received from the petitioner, the application was cancelled on 16.04.2025. The amount that was deposited by the petitioner was also refunded on 05.05.2025.

5.

Considering the facts and circumstances of the case and the submissions made on either side, it is seen that the 36 cents of land was jointly owned by co-owners. It is stated that they in turn had a oral partition and each of them had put up a house. The said R.Balasubramanian had also put up a house and the learned counsel for the petitioner submitted that there is a separate electricity connection standing in his name. If that is the case, it is not known as to why the electricity connection cannot be granted in the name of the petitioner. If others who had put up the house in the total extent of property which is held by them jointly and they have got the service connection, the petitioner alone cannot be deprived of the same. 6.

In view of the above, there shall be a direction to the petitioner to submit a fresh on-line application through a portal and on receipt of the same, the Assistant Engineer, TNPDCL, shall act upon and enquire as to whether

service connection has been granted to other co-owners in their name. If that is the case, the service connection shall also be granted in the name of the petitioner. If required, an indemnity bond can also be received from the petitioner. This process shall be completed by the Assistant Engineer, TNPDCL, within a period of four weeks from the date of receipt of the on-line application from the petitioner.

7.

This writ petition is disposed of with the above directions. No costs.

19-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Executive Engineer Coimbatore Electricity Distribution Circle/north, K.Vadamadurai, Coimbatore-614 017

N.ANAND VENKATESH J.

rka 19-06-2025