R.Malathy v. The Assistnt Engineer/Junior Engineer/O And M,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2022

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 30439 of 2022 And W.M.P.No. 29871 of 2022 Mrs. R.Malathy ... Petitioner ..Vs..

1.

The Assistant Engineer/Junior Engineer / O & M Tamil Nadu Electricity Board, North Usman Road Chennai - 600 017.

2.

A.Kaliaperumal 3.

Mrs.K.Janaki ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the first respondent to provide the electricity connection in the premises 38, Rajapillai Thottam, T.Nagar, Chennai - 600 017 within the specified period.

*** For Petitioner :: Ms. S.Sasikala For 1st Respondent :: Ms. Keerthana R.Shenoi for Mr. L. Jai Venkatesh TNEB Standing Counsel

For RR 2 & 3 :: Mr. K.Pasubathi

ORDER

Heard arguments of the learned counsel M/s. S.Sasikala for the petitioner, M/s. Keerthana R.Shenoi, for Mr. L. Jai Venkatesh, TNEB Standing Counsel appearing for the first respondent and Mr.K.Pasubathi, learned counsel appearing for the second and third respondents.

2.

The petitioner is the daughter of the second and third respondents. The petitioner and the second and third respondents are residing in the same house at No. 38, Rajapillai Thottam, T.Nagar, Chennai - 600 017. The petitioner resides in a separate portion in the house. She wants separate electricity connection. She had applied for such electricity connection. The second and third respondents have raised objection. Their apprehension is that by grant of electricity connection, the petitioner may claim title to the property. 3.

It is only a service connection to provide electricity for the portions in which the petitioner resides. This has nothing to do with title of the property. The first respondent may therefore provide electricity connection on getting necessary undertaking from the

petitioner that she would pay the necessary dues, and the necessary security deposit and the electricity charges and also that she would not claim a larger right of title.

4.

After getting necessary undertaking from the petitioner and also documents to show that she is actually in possession of the portion for which she claims electricity connection, the first respondent may proceed to grant electricity connection to the petitioner in accordance with the Rules and Regulations. 5.

Recording the above, the Writ stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 19.12.2022 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To The Assistant Engineer/Junior Engineer / O & M Tamil Nadu Electricity Board, North Usman Road, Chennai - 600 017.

C.V.KARTHIKEYAN, J.,

vsg W.P.No. 30439 of 2022 And W.M.P.No. 29871 of 2022 19.12.2022