Madras High CourtWP(MD)/1431/2021allowed

Sala v. The Asst.Engineer

2021-02-08Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.1431 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1431 of 2021 Sala ... Petitioner Vs.

The Assistant Engineer, Tamilnadu Electricity Board, Natham, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner representation dated 04.11.2020 to change the commercial electricity connection (Service No.052210262480) to domestic electricity connection which is situated at Pallivasal Street, Anna Nagar, Natham, Dindigul District.

For Petitioner :

Mr.Vinothkumar.B For Respondent :

Ms.M.Parameswari For Mr.S.M.S.Johnny Basha

ORDER

Heard the learned counsel for the petitioner and the learned standing counsel for the respondent.

2.The petitioner had put up a construction in front of her house. The said construction is having shutters and not regular doors. The respondent has been treating the electricity service connection for the said construction only under the commercial category. The petitioner states that treating the said service connection under commercial category is not correct because she is using the same for parking her car. In order to satisfy my conscious, I called upon the petitioner's counsel to produce the building plan. It appears that the construction is only for residential purposes. The objection of the respondent is that since the said building is having shutters instaead of regular doors, it is likely to be used for commercial purposes.

The petitioner through her counsel gives an undertaking before this Court that she would use the same only for domestic purposes. In other words, it will be used only for parking her personal vehicle. If ever it is put to any commercial use, the petitioner will inform the respondent and thereafter, the tariff can be changed. Since as on date, the usage is for domestic purposes, the respondent is directed to change the petition mentioned electricity service connection from commercial to domestic category. This change will be effected https://hcservices.ecourts.gov.

W.P(MD)No.1431 of 2021 immediately and without delay.

3.Recording the undertaking of the petitioner, the writ petition is allowed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To The Assistant Engineer, Tamilnadu Electricity Board, Natham, Dindigul District.

W.P(MD)No.1431 of 2021 08.02.2021 (KUN)CO AP(23/02/2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2