K.Malar @ Valarmathy v. The Chief Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.31500 of 2022 K.Malar @ Valarmathy ....
Petitioner -Vs1.The Chief Executive Engineer Tamil Nadu Generation and Distribution Corporation Limited, Anna Salai Chennai 600 002.
2.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Limited, Kancheepuram.
3.The Assistant Divisional Engineer Chettiyar Agaram, Near SRMC Hospital Porur, Chennai - 600 116.
4.The Executive Engineer (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Limited, South-I, Mangadu Chennai 600 122.
5.The Assistant Engineer Operation and Maintenance Tamil Nadu Generation and Distribution Corporation Limited, South-I, Mangadu Chennai 600 122.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for 1 / 6
the issuance of a Writ of Mandamus directing the respondents in particular the 5th respondent to give the new electricity service connection (domestic) to the petitioner's hut situated at Door No.5/538, Malaimedu, Sivathangal, Chikkarayapuram, Chennai 69 without insisting the patta based on the representation dated 27.06.2022 within a time frame that may be fixed by this Hon'ble Court.
For Petitioner : Mr.M.Saravanakumar For Respondents : Ms.V.Revathy for Mr.L.Jaivenkatesh Standing Counsel
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents in particular the 5th respondent to give the new electricity service connection (domestic) to the petitioner's hut situated at Door No.5/538, Malaimedu, Sivathangal, Chikkarayapuram, Chennai 69 without insisting the patta based on the representation dated 27.06.2022 within a time frame that may be fixed by this Court.
2. The petitioner had sought for domestic service connection from the respondents to the hut put up by him at Door No.5/538, Malaimedu, Sivathangal, Chikkarayapuram, Chennai-600 069. However, admittedly it is a Government Poramboke land where the petitioner, even though made an application to get 2 / 6
the patta, so far it has not been issued.
3. Therefore, the respondent TANGEDCO seems to have refused to extend domestic service connection on the ground that unless and until the ownership is proved or the NOC is obtained from the concerned Revenue Department and produced before them, the request of the petitioner for domestic service connection could not be considered. Aggrieved by the same, the petitioner has preferred the present writ petition with the aforesaid prayer.
4. Learned counsel for the respondent TANGEDCO would submit that, since the application has already been made to get the patta for the land in question, where the hut has been put up by the petitioner, as on date the land belongs to the Government and therefore the petitioner unless and until gets the NOC and produce the same before the respondent they may not bee able to extend the domestic service connection requested by the petitioner.
5. However, considering the facts and circumstances of the case, this Court is inclined to dispose of this writ petition with the following order. "That it is open to the petitioner to get the patta or atleast 3 / 6
the NOC from the Revenue Department with regard to the land where he has put up the house or hut for which he requests domestic service connection and produces the same to the respondent TANGEDCO. Once such a document is submitted by the petitioner, considering the same, further needful action to extend the domestic service connection can be undertaken by the respondent TANGEDCO."s
6. With the above directions, this writ petition is disposed of. No costs. 25.11.2022 Index : Yes/No Internet : Yes/No KST 4 / 6
To 1.The Chief Executive Engineer Tamil Nadu Generation and Distribution Corporation Limited, Anna Salai Chennai 600 002.
2.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Limited, Kancheepuram.
3.The Assistant Divisional Engineer Chettiyar Agaram, Near SRMC Hospital Porur, Chennai - 600 116.
4.The Executive Engineer (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Limited, South-I, Mangadu Chennai 600 122.
5.The Assistant Engineer Operation and Maintenance Tamil Nadu Generation and Distribution Corporation Limited, South-I, Mangadu Chennai 600 122.
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R. SURESH KUMAR, J.
KST W.P.No. 31500 of 2022 25.11.2022 6 / 6