Nigilesan.A v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Nigilesan ... Petitioner Vs 1.The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Pudukottai Electricity Distribution Circle, Pudukottai, Thoothukudi District.

2.A.Michael Raj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's online application dated 25.02.2022 to transfer the electricity consumption No.073810201607 in the petitioner's name without insisting the production of termination of lease agreement. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.S.Dheenadhayalan Standing Counsel for R.1 1/4

Mr.S.Muthumalairaja for R.2

ORDER

Heard the learned counsel on either side.

2. The petitioner is a landlord in respect of the petition mentioned premises. The electricity connection in respect of the same is in the name of the second respondent. The second respondent is continuing to be in occupation and possession of the premises also. Civil suit is pending between the parties. In these circumstances, the question of transferring the electricity connection in favour of the petitioner does not arise at all. As and when the petitioner obtains possession of the premises, the name change will be done automatically. It cannot be done till then.

3. This writ petition stands dismissed. There shall be no order as to costs.

03.10.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Pudukottai Electricity Distribution Circle, Pudukottai, Thoothukudi District.

3/4

G.R.SWAMINATHAN, J.

MGA 03.10.2023 4/4