Madras High CourtWP/31159/2023disposed of

Sripaul v. The Assistant Engineer (Urban)

2023-10-31Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Sripaul ... Petitioner Vs The Assistant Engineer (Urban), Tamil Nadu Electricity Generation and Distribution Corporation Irusappa Street, Cuddalore - 607003.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to disconnect electricity service connection DTR-03 FP01-S016 No.02008006228 provided in T.S.No.140/1A21 2045 Sq.ft at No.28-A, Pensioner Street, Cuddalore O.T (607003), Cuddalore Taluk, Cuddalore District. For Petitioner : Mr.D.Baskar For Respondent : Ms.Keerthana Shenoi for Mr.Venkata Seshaiya Standing Counsel Pg.No.1/4

O R D E R

Ms.Keerthana Shenoi, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the sole respondent/Assistant Engineer (Urban), Tangedco and is armed with instructions to enable final disposal of this Writ petition, even at the stage of admission.

2. The petitioner claims to be the owner of a property at T.S.No.140/1A21 ad measuring 2045 sqft. located at No.28-A, Pensioner Street, Cuddalore O.T (607003), Cuddalore Taluk, Cuddalore District ('property'/'property in question').

3. Several averments have been made in respect of how he derives title to the property, with which this Court is not concerned as it involve appreciation of facts which are, in fact, disputed, as would be seen from the following paragraphs of this order.

4. Litigation had been initiated in respect of the property in question by one Mrs.Jaya @ Jayaselvam in O.S.No.320 of 2013 before the Additional District Munsif Court, Cuddalore seeking bare injunction and claiming that the husband of the present petitioner's vendor (from whom the petitioner claims to Pg.No.2/4

have purchased the property) had entered into an agreement of sale with her on 16.02.1986 for sale of the property.

5. According to the petitioner, that suit had been dismissed on 16.02.2023 and allegations are made against persons associated with the said Jaya @ Jayaselvam tresspassing on the property merely to pose hurdle to the petitioner. The petitioner has sought disconnection of electricity service connection bearing DTR-03 FP01-2016 No.02008006228 in the property in question.

6. Ms.Shenoi, on instructions, would submit that pursuant to the request of the petitioner, an inspection was conducted and it was found that the property was occupied by a family who claims to be the tenants of Jayalakshmi.

7. Since various factual assertions are made and the narration of facts in the writ affidavit also indicates some history to the matter, the request for disconnection is best left to the authorities to decide upon. Needless to say, the authorities shall issue notice to all necessary parties. The petitioner shall provide such particulars as he possess to enable the authorities to issue necessary notices.

8. The respondent, thereafter, hear all the parties concerned and pass orders on the representation of the petitioner within a period of eight (8) weeks from date of first hearing, in accorance with law. Pg.No.3/4

Dr.ANITA SUMANTH, J.

9. This Writ Petition is disposed in the aforesaid terms. No costs. 31.10.2023 Index : Yes / No Speaking order/Non-speaking order sl To 1 The Tahsildar, Madurai Taluk, Coimbatore - 641 105.

2 The Deputy Tahsildar (HQDT) Madukkarai Taluk, Coimbatore - 641 105.

Pg.No.4/4