J.Sampath Kumar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2015
CORAM
THE HON'BLE MR. JUSTICE N.KIRUBAKARAN W.P.No.26770 of 2012 J.Sampath Kumar .. Petitioner Vs.
1.The Chairman, TNEB, Anna Salai, Chennai - 2.
2.The Assistant Engineer, C&DC/SOUTH, Velacherry, Chennai - 42.
3.The Assistant Executive Engineer, C&DC/South, Velacherry, Chennai - 42.
4.Dr.Pannerselvam .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in KUAAEN/UDPO/MO/KO.7/Ka.N.159/12 dt.11.9.2012 and quash the same and order supply of new 3 phase electricity meter in the name of the petitioner in the premises bearing Door No.77, Indra Street, Sankaran Avenue, Velacherry, Chennai 600 042, without insisting on the production of "No objection Letter" from the 4th respondent herein. For Petitioner :Mr.B.Divakaran For Respondent Nos.1to3:Mr.P.Gunaraj Standing Counsel for TNEB For fourth respondent :Dr.Pannerselvam, Party-in-person
ORDER
The property bearing Door No.77, Indra Street, Sankaran Avenue, Velachery, Chennai - 600 042 belongs to the petitioner's mother Mrs.K.Yesodammal, who died intestate in 1986 and thereafter, his father A.R.Jagadeesan died intestate in 2006. Though there are 8
legal heirs, the petitioner and the fourth respondent are said to be in possession of the property. The petitioner is occupying the ground floor and the fourth respondent is occupying the first floor. There is only one electricity service connection which stands in the name of their mother. The said Electricity Service Connection Number is 210- 002-50. Since there are many disputes between the petitioner and the fourth respondent, there is a dispute in sharing the electricity consumption also. Therefore, the petitioner had applied for a new electricity service connection to the third respondent. However, the said application was rejected stating that the fourth respondent is objecting to it. The said order is being challenged before this Court.
2. Heard Mr.B.Divakaran, learned counsel appearing for the petitioner, Mr.P.Gunaraj, learned counsel appearing for appearing respondents 1 to 3 and Dr.Panneerselvam who appeared in person before this court.
3. Dr.Panneer Selvam, who appeared in person would submit that there are many disputes between the petitioner and him regarding the property. Therefore, he would submit that if the petitioner wants separate electricity service connection, he has got no objection provided the fourth respondent is also given a separate electricity connection.
4. In view of that, the petitioner as well as the fourth respondent is directed to write separate letters, independently, to the third respondent offering to surrender the existing electricity service connection No.210- 002-50 on or before 30.09.2015. They are also advised to give separate Applications seeking for fresh electricity service connection in their name separately. On receiving such letters from the petitioner as well as the fourth respondent, the third respondent shall provide new electricity service connection to the petitioner as well as to the fourth respondent separately. It is made clear that the new electricity service connection should be given on the same day and at the same time when the disconnection of the existing electricity service connection takes place.
5. With the above observation, the Writ Petition is disposed of. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar
To 1.The Chairman, TNEB, Anna Salai, Chennai - 2.
2.The Assistant Engineer, C&DC/SOUTH, Velacherry, Chennai - 42.
3.The Assistant Executive Engineer, C&DC/South, Velacherry, Chennai - 42.
+1 cc to Mr.B.Divakaran Advocate sr.51842 W.P.No.26770 of 2012 aa29/09/2015