Saranya v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Saranya ... Petitioner Vs.
1.The Chairman TANGEDCO, NPKRR Malligai 144, Annasalai, Chennai-600 002.
2.The Superintendent Engineer TANGEDCO, Coimbatore South, Neelambur, Coimbatore, Tamil Nadu 641 406.
3.The Assistant Engineer TANGEDCO, Coimbatore South, Neelambur, Coimbatore, Tamil Nadu 641 406.
4.K.Subramanian Poovathal 5.K.Velusamy 6.The Tahsildar, Neelambur, Sulur, Coimbatore.
...Respondents
(R6- Impleaded as per order dated 16.11.2023 In WP.32411/2023 by ASMJ) 1/6
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents 1 to 3, to act upon the application of the petitioner dated 02.06.2023 and to provide temporary electricity service connection for S.F.No.146/2A1B of Neelambur Village, Sulur Taluk, Coimbatore South, by erecting necessary poles and by drawing service connection, rejecting the objections of 4th and 5th respondents within a time frame, as this Honorable Court. For Petitioner : Mr.C.Johnson For Respondents : Mr.L.Jai Venkatesh, SC for TANGEDCO [R.1 to R.3] : No representation [R.4] : Mr.N.Pon Raj [R.5] : MR.N.Naveen Kumar Govt. Advocate [ R.6]
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 to 3, to act upon the application of the petitioner dated 02.06.2023 and to provide temporary electricity service connection for S.F.No.146/2A1B of Neelambur Village, Sulur Taluk, Coimbatore South, by erecting necessary poles and by drawing service connection, rejecting 2/6
the objections of 4th and 5th respondents within a time frame.
2. The grievance of the petitioner is that the temporary electricity service connection, provided for construction of house, was disconnected. The application for temporary electricity service connection submitted by the petitioner was not considered. Therefore, the petitioner was unable to complete the construction work and occupy the residential building.
3. The 5th respondent raised an objection for providing electricity service connection by claiming particular portion of the land as a patta land.
4. The learned Government Pleader, on instruction, would submit that the Tahsildar has conducted a survey and found that it is not a patta land and it is a street which has been already gifted in favour of the Panchyat Union.
5. Since the Revenue Tahsildar identified the said disputed portion of the property as street and poles are also erected for the purpose of providing electricity service connection, the respondents 1 to 3 are directed to proceed with the works and provide electricity service connection to the 3/6
petitioner based on this application as expeditiously as possible and preferably within a period of six (6) weeks from the date of receipt of a copy of this Court.
6. If at all the 5th respondent claims any title over the property it is for him to approach the competent Civil Court of law in the manner contemplated.
7. With these directions, the writ petition stands disposed of. No costs.
(sha) 30.04.2024 Index : Yes Speaking Order 4/6
To 1.The Chairman TANGEDCO, NPKRR Malligai 144, Annasalai, Chennai-600 002.
2.The Superintendent Engineer TANGEDCO, Coimbatore South, Neelambur, Coimbatore, Tamil Nadu 641 406.
3.The Assistant Engineer TANGEDCO, Coimbatore South, Neelambur, Coimbatore, Tamil Nadu 641 406.
4.The Tahsildar, Neelambur, Sulur, Coimbatore.
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S.M.SUBRAMANIAM . J., (sha) 30.04.2024 6/6