Rathinamala.K v. The Superintendent Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Rathinamala ... Petitioner Vs.

1. The Superintending Engineer, (TANGEDCO) Distribution Circle, K.Pudur, Madurai - 625 019.

2. The Executive Engineer, (TANGEDCO) Distribution Circle, Nagamalai, Madurai - 625 019.

3. The Assistant Executive Engineer, (TANGEDCO) Distribution Circle, Nagamalai, Madurai - 625 019.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance a Writ of Mandamus, directing the respondents to provide three phase electricity connection by converting the existing single phase connection under the service connection No.1044 to the petitioner's house situated in Plot No.7, 1/5

Gokilam Nagar, Nagamalai, Madurai 19 within the time period stipulated by this Court.

For Petitioner : Mr.G.Karthik, for M/s.Lajapathi Roy and Associates For Respondents : Mr.S.Deenadhayalan, Standing Counsel

ORDER

This writ petition is filed for Writ of Mandamus, seeking direction to the respondents to provide three phase electricity connection.

2. Already, the respondents have provided a service connection bearing No.1004 to the petitioner's house, which is situated in Plot No.7, Gokilam Nagar, Nagamalai, Madurai 19. Now, the petitioner wants to change his service connection from single phase to three phase.

3. The contention of the respondents is that a 3rd party has raised an objection stating that it is a common pathway, the three phase line should not be granted to the petitioner's house and the 3rd party is having Patta land adjacent to the petitioner's house.

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4. Since the 3rd party is not having any right to raise objection for changing the petitioner's service connection from single phase to three phase, this Court rejects the objection raised by the 3rd party.

5. Accordingly, the respondents are directed to change the petitioner's service connection from single phase to three phase, within a period of six weeks from the date of receipt of a copy of the order. If necessary, the respondents can approach the concerned police officials and take police protection.

6. With these observations and directions, this Writ Petition is allowed. There shall be no order as to costs.

Index : Yes / No 11.07.2023 Internet : Yes ksa 3/5

To

1. The Superintending Engineer, (TANGEDCO) Distribution Circle, K.Pudur, Madurai - 625 019.

2. The Executive Engineer, (TANGEDCO) Distribution Circle, Nagamalai, Madurai - 625 019.

3. The Assistant Executive Engineer, (TANGEDCO) Distribution Circle, Nagamalai, Madurai - 625 019.

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S.SRIMATHY, J ksa Order made in 11.07.2023 5/5