R.Arul Venkatsh v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Arul Venkatesh ... Petitioner Vs.

1.The Superintending Engineer, Thanjavur Electricity Distribution Circle, TANGEDCO, Thanjavur.

2.The Assistant Engineer, TANGEDCO, Nilagiri Sub Station, Thanjavur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 28.02.2024 and grant electricity connection to superstructure in Plot No. 1, in S.No. 72/7A, Nilagiri Therku Thottam Village, Thanjavur Taluk and District. 1/5

For Petitioner : Mr.G.Raghuvaran Gopalan For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard both sides.

2.The petitioner seeks supply of electricity. The respondents are taking the stand that since the petitioner is not having patta in his favour, electricity connection cannot be given.

3.The learned counsel appearing for the petitioner draws my attention to the decree dated 12.09.2008 made in O.S.No.53 of 2005 on the file of Principal Sub Court, Thanjavur. One Victor Rajamanickam represented by his power agent Vairakannu filed the said suit for declaration and permanent injunction against the State of Tamil Nadu and others. The suit was decreed.

4.The said Victor Rajamanickam subsequently sold the property in favour of the petitioner's father Ravindran vide sale deed dated 2/5

16.05.2011 (Document No.2629/2011) on the file of Joint Sub Registrar No.I, Thanjavur. The petitioner's father settled the property in petitioner's favour vide settlement deed dated 23.01.2021 (Document No. 1170/2021) on the file of Joint Sub Registrar No.I, Thanjavur. The property has been assessed to house tax also. It is true that there are issues regarding issuance of patta. In that regard, the petitioner has filed W.P(MD)No.6548 of 2024.

5.In as much as the petitioner is having decree issued by the competent civil Court in his favour, the respondent cannot decline to grant service connection.

6.The petitioner is permitted to submit an online application. If there are any glitches in uploading the application through online, the respondents will have to receive the physical copy of the application and process it. Subject to the fulfilment of the other usual formalities, electricity service connection shall be given to the petitioner within a period of four weeks from the date of receipt of application from the petitioner.

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7.This writ petition is allowed accordingly. There shall be no order as to costs.

19.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Superintending Engineer, Thanjavur Electricity Distribution Circle, TANGEDCO, Thanjavur.

2.The Assistant Engineer, TANGEDCO, Nilagiri Sub Station, Thanjavur.

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G.R.SWAMINATHAN, J.

MGA 19.03.2024 5/5