V.Selvarasu v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Selvarasu ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Aranthangi Division, Aranthangi Taluk, Pudukkottai District.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, Avanathankottai, Aranthangi Taluk, Pudukkottai District.

3.Chidambaramoorthy ... 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 1 and 2 to shift the domestic electricity service connection in 1/5

Service No.136-001-345 to the petitioners house as per his application in Application No.2000613601245 dated 09.01.2024 within time frame as fixed by this Court.

For Petitioner : Mr.M.Suresh For Respondents : Mr.S.Deenadhayalan Standing Counsel for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for TANGEDCO. Though the third respondent has been served and his name is printed in the cause list, he does not chosen to enter appearance.

2.The petitioner has been residing in the petition mentioned survey number for the last several years. Photograph of the petitioner's house has been enclosed in the typed set of papers. 3.The learned counsel appearing for the petitioner states that the house is not less than 80 years old. The petitioner has put up a new house in the vicinity in the same survey number. The petitioner wants to 2/5

shift the existing service connection from the old building to the new building. He is not asking for a new connection. 4.The third respondent has raised an objection that the land belongs to temple. But in the revenue record, the land has been classified as "Poromboke". The petitioner has therefore filed a comprehensive suit in O.S.No.201 of 2023 on the file of District Munsif Court, Aranthangi. 5.The only question that calls for consideration is whether the petitioner deserves to be granted relief. The petitioner is not asking for any new connection. He is only seeking shifting of an existing connection. The petitioner's ancestral house enjoyed the connection. In the adjacent area, the petitioner has put up a new building. He wants to shift the same to the new building. These are procedural aspects and no exception need to be taken thereto.

5.The respondents 1 and 2 are directed to shift the connection as sought for by the petitioner subject to the fulfilment of the usual formalities. It shall be done within a period of three weeks from the date of receipt of a copy of this order.

3/5

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

04.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 4/5

G.R.SWAMINATHAN, J.

MGA 04.04.2024 5/5