T.Sumathi v. The Superintending Engineer/Central

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR T.Sumathi ... Petitioner vs.

1. The Superintending Engineer/Central Chennai Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited M.G.R. Salai, Valluvar Kottam SS Campus, Nungambakkam, Chennai.

2. The Assistant Executive Engineer Tamil Nadu Generation and Distribution Corporation Limited Teynampet No.1 Greenways road R.A.Puram Chennai-600 028.

3.The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Limited Teynampet DMS Complex, Anna Salai Chennai-600 006.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide separate electricity service to the petitioners building situated at No. 24/19, Rathna Nagar 2nd Street, Teynampet, Chennai by considering the petitioner's online application dated 2.11.2024. For Petitioner : Mr.K.Sasindran 1/5

For Respondents : Mr.L.Jai Venkatesh Standing Counsel

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a directions to respondents to provide separate electricity service connection to the petitioner's building situated at Door No.24/19, Rathna Nagar, 2nd Street, Teynampet, Chennai by considering the petitioner's online application dated 02.11.2024.

3. It is the case of the petitioner that her father-in-law purchased the above mentioned property under registered sale deed dated 17.09.1953. Subsequently, he has constructed building in the above mentioned property. The petitioner's father-in-law executed a Will vide document No.101/1992 registered on the file of SRO, Mylapore bequeathing the property in favour of his three sons including the petitioner's husband. After demise of the petitioner's father-in-law, the Will came into force and all the sons became owners of the respective portion of the land and the building allotted. An 2/5

extent of 1464 Sq.feet of land in the Northern portion of the above mentioned property along with building constructed therein was alloted to petitioner's husband. There was only one service connection in the building and all the sons used it commonly. Subsequently due to some some family issues, there was difficulty in using the common connection. Therefore, the petitioner submitted an application before the 3rd respondent on 21.11.2024 seeking new electricity service connection in respect of the petitioner's building for commercial purpose and the same has not been considered. Hence, the petitioner has come before this Court.

4. Mr.L.Jai Venkatesh, learned Standing Counsel, who takes notice for the respondents submits that the jurisdictional Assistant Engineer to consider the application is Assistant Engineer, TANGEDCO, Nandanam and the petitioner submitted the application wrongly before the 3rd respondent.

5. In view of the said statement made by the learned Standing 3/5

Counsel, the petitioner is directed to file a fresh application before the jurisdictional Assistant Engineer namely Assistant Engineer, Nandanam within a period of two weeks from the date of receipt of copy of this order.

6. It is needless to say that petitioner must pay necessary fees for new service connection. The concerned authority shall consider the application of the petitioner and pass final orders on its' own merits within a period of six weeks from the date of submission of fresh application by the petitioner.

7. With the above directions, the Writ Petition stands disposed of. No costs.

13.12.2024 Index:Yes/No Internet:Yes/No nr Note: Registry is directed to mark the copy of the order to the Assistant Engineer, TANGEDCO,CEDC/Central, 110KV, S.S.Complex, R.A.Puram, Chennai-600 028 S.SOUNTHAR, J.

nr To

1. The Superintending Engineer/Central 4/5

Chennai Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited M.G.R. Salai, Valluvar Kottam SS Campus, Nungambakkam, Chennai.

2. The Assistant Executive Engineer Tamil Nadu Generation and Distribution Corporation Limited Teynampet No.1 Greenways road R.A.Puram Chennai-600 028.

3.The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Limited Teynampet DMS Complex, Anna Salai Chennai-600 006.

4. The Assistant Engineer, TANGEDCO,CEDC/Central, 110KV, S.S.Complex, R.A.Puram, Chennai-600 028 13.12.2024 5/5