Selvi v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Selvi
...Petitioner
Vs.
1.
The Chief Engineer, Personal, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-2.
2.
The Assistant Executive Engineer, O & M, Tamil Nadu Electricity Board, Maangadu, Chennai-12.
3.
The Assistant Engineer, O & M, Tamil Nadu Electricity Board, Kovoor, Chennai-128.
...Respondents
Petition filed Under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to provide electricity connection to the petitioner house at No.8/56F, Mettu Street, Sivathangal, Sikrayapuram, Chennai 69 and consequently thereby direct the respondents to herein to consider the petitioner representation dated 22.08.2022 in accordance with law. For Petitioner : Mr.S.Senthilvel 1/6
For Respondents : Mr.L.Jai Venkatesh, SC
ORDER
This Writ petition has been filed by the petitioner seeking direction to the respondents to provide electricity connection to the petitioner's house, by considering the petitioner's representation dated 22.08.2022.
2. The case of the petitioner is that the property situated at No.8/56F, Mettu Street, Sivathangal, Chennai was purchased by the petitioner's husband and pursuant to the purchase, he constructed a house to an extent of 600 sq.ft., in which the petitioner is residing along with her husband and her two daughters. Thereafter, the petitioner and her husband made several representations before the respondents seeking electricity service connection to their house property and the last representation made by the petitioner was on 22.08.2022. Further, the petitioner also made an application through online mode on 23.07.2022, by making necessary charges. However, till date, no orders have been passed on the said representations and till date, no electricity connection was provided to the petitioner's house. Hence, this Writ petition.
3. Though very many grounds have been raised, the learned 2/6
counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 22.08.2022 and to consequently provide electricity service connection to the petitioner's premises as expeditiously as possible.
4. Per contra, the learned Standing counsel appearing on behalf of the respondents submitted that, though the petitioner made an application seeking to effect electricity service connection to the house situated at No.8/56F, Mettu Street, Sivathangal, Chennai, however, in order to prove her title over the said property, no document has been produced by the petitioner. Hence, in the absence of any document to prove the petitioner's title over the property, no electricity service connection can be effected. Accordingly, he prayed for dismissal of this writ petition.
5. Heard learned counsel on either side and perused the materials available on record.
6. Though very many grounds have been raised by the learned counsel for the petitioner, however, as pointed out by the learned counsel 3/6
for the respondents, except the unregistered sale deed dated 09.01.2012, no document has been produced by the petitioner either before the authorities concerned or before this Court to prove the title over the disputed property and thereby, in the absence of any proof, no orders have been passed on the petitioner's representations seeking to effect electricity service connection to the disputed property, in which, this Court does not finds any fault. Hence, this Court is not inclined to issue any affirmative direction in favour of the petitioner. However, liberty is granted to the petitioner to approach the competent civil court to prove her title over the subject property by way of filing appropriate suit and further liberty is granted to the petitioner to approach the respondents to file fresh application seeking electricity service connection, if she succeeds in the said suit.
7. With the aforestated liberty, this Writ petition stands dismissed. No costs.
23.08.2024 skt NCC : Yes/No Index : Yes / No 4/6
Speaking Order : Yes / No To 1.
The Chief Engineer, Personal, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-2.
2.
The Assistant Executive Engineer, O & M, Tamil Nadu Electricity Board, Maangadu, Chennai-12.
3.
The Assistant Engineer, O & M, Tamil Nadu Electricity Board, Kovoor, Chennai-128.
5/6
M.DHANDAPANI, J.
skt 23.08.2024 6/6