N.Velusamy v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27573 of 2021 N.Velusamy ... Petitioner Vs.
1 The Chairman Tamil Nadu Generation and Distribution Corporation Ltd. Anna Salai, Chennai 600 002.
2 The Assistant Engineer Operation and Maintenance Tamil Nadu Generation and Distribution Corporation Ltd.
Chinnapuththur village Sulur, Coimbatore District.
3 P.Natarajan ... Respondents Prayer: This Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to provide electricity service connection to the petitioners residential house at D.No.5 /48/1 Kanchan Thottam Kannampalayam Sulur Taluk Coimbatore District 641402. For Petitioner : Mr.N.Ponraj For Respondents : Mr.L.Jaivenkatesh Standing Counsel for TNEB
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the 2nd respondent to provide electricity service connection to the petitioners residential house at D.No.5/48/1, Kanchan Thottam, Kannampalayam, Sulur Taluk, Coimbatore District - 641 402.
2. The case of the petitioner is that he is having a house at D.No.5/48/1, kanchan Thottam, Kannampalayam, Sulur Taluk,
Coimbatore District. The said property was allotted by the petitioner's father in favour of the petitioner through a partition deed dated 04.07.2016 registered as Doc.No.7056 of 2016 on the file of the Sub Registrar, Sulur. There is no separate service connection for the above said house and the service connection provided earlier in the name of the petitioner's father, was disconnected last year by the second respondent at the instigation of the petitioner's brother. In such circumstances, the petitioner gave a representation to the second respondent seeking electricity connection, for which, the second respondent directed the petitioner to segregate the connection from his father's service connection. It is the further case of the petitioner that the present electricity line has already segregated. But the respondents have not considered the representation made by the petitioner so far. Hence, the present writ petition has been filed seeking above said relief.
3. The learned counsel for the petitioner submitted that this court may direct the respondents to consider the petitioner's representation and provide electricity connection to the petitioner's house within a reasonable time as fixed by this court.
4. The learned Standing Counsel appearing on behalf of the respondents 1 & 2 submitted that the petitioner has made a representation to the second respondent to provide new electricity connection for the above said address. But the brother of the petitioner has made objection in providing electricity connection to the petitioner's house. The said objection was also informed to the petitioner and the petitioner has not given any explanation in this regard. Hence, the respondent had rejected the claim of the petitioner. Nonetheless, the petitioner, again made a fresh representation to the respondent for the same relief. After inspection, the respondent came to know that there is an electricity connection already being availed in the aforesaid said address and therefore, the respondent directed the petitioner to segregate the electricity line from his father's electricity connection. Without complying to the foregoing direction, the petitioner has filed this writ petition, which is unsustainable and prayed this court for dismissal of this petition.
5. Heard both sides and perused the materials placed on record. Admittedly, the petitioner had given a representation to the second respondent dated 24.09.2020 to provide new electricity service connection. After verification, the same was rejected by the second respondent. Again, the petitioner made a representation dated 14.12.2020 to the second respondent for the same relief. After the field verification, the respondent sent a detailed reply and rejected the petitioner's representation.
Further, the second respondent directed the petitioner to segregate the electricity line from his father's electricity connection. Without segregating the same and without challenging the rejection order of the second respondent, the petitioner has filed the present writ petition seeking direction to consider the petitioner's application, which is not permissible.
6. In view of the above discussions, this Court is not inclined to grant any relief sought for by the petitioner and the same is rejected. Accordingly, this Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rli To 1 The Chairman Tamil Nadu Generation and Distribution Corporation Ltd. Anna Salai, Chennai 600 002.
2 The Assistant Engineer Operation and Maintenance Tamil Nadu Generation and Distribution Corporation Ltd.
Chinnapuththur village Sulur, Coimbatore District.
W.P.No.27573 of 2021 KSM[co] NSK 24/01/2022