Kamaru Nisha Begum v. The Assistant Electrical Engineer Officers

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4479 of 2024 Kamaru Nisha Begum ... Petitioner Vs.

1.The Assistant Electrical Engineer Officers, Ellis Nagar, Madurai Main, Madurai.

2.The TANGEDCO Legal Section, No.4, Madurai - Trichy Main Road, Ulaganeri, Othakadai,Anbu Nagar, Madurai.

3.A.Maboob Ali @ Abuthahir ... Respondents (R3 is impleaded vide order dated 02.04.2024 in W.M.P.(MD)No.5656 of 2024 in W.P.(MD)No.4479 of 2024 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 12.08.2023 and to provide electricity to the petitioner dwelling house measuring total extend of 2655 1⁄2 sq ft and to do necessary action.

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For Petitioner : Mr.A.Senthilkumar For Respondents : Mr.S.Deenadhayalan, Standing Counsel for R1 & R2.

Mr.V.M.Jegadeeshapandian for R3.

ORDER

Heard both sides.

2.The writ petitioner is a sister-in-law of the third respondent. The writ petitioner's son had earlier filed W.P.(MD)No.28124 of 2022. The writ petition was disposed of by me on 23.01.2023 in the following terms:- "2.The petitioner seeks separate electricity connection for the petition mentioned dwelling portion. When the matter was taken up for hearing, the petitioner himself has fairly produced a copy of the order, dated 28.12.2022, passed by the Executive Engineer. The petitioner has to necessarily act in terms thereof. TANGEDCO has indicated that the petitioner must submit the current tax receipt and submit a proper application through the owner. If the petitioner accepts that he is the tenant then also this Court grant relief. But then the petitioner must clarify in what capacity he seeking electricity connection. The petitioner cannot leave the said issue in vacuum and still demand provision of electricity connection.

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3.With this liberty to the writ petitioner to submit fresh application before the TANGEDCO Authority and with the relevant documents, this writ petition stands disposed of. There shall be no order as to costs."

3.The petitioner can very well workout her rights as per the said order. The petitioner need not pursue her claim that the service connection enjoyed by her had been disconnected. As and when the petitioner submits an application for grant of service connection, the first respondent shall comply with the same so that the petitioner is able to enjoy service connection. This shall be done by the first respondent within a period of four weeks after receipt of fresh application from the writ petitioner herein.

4.This writ petition is allowed on these terms. No costs. 23.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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