Madras High CourtWP(MD)/10253/2020disposed of

Victoria Mary v. The Superintendent Engineer

2021-12-02Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.10253 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.10253 of 2020 Victoria Mary ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Trichy Division, Trichy.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Elurpatti, Thottiyam Taluk, Trichy District.

3.Jegan Selvakumar

...Respondents

(R3 is impleaded vide Court order dated 08.02.2021) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to provide new Electricity connection to the petitioner' house in Door No.1/155 situated at Madha Kovil Street, Thalaimalaipatti Post, Thottiyam Taluk, Trichy District, based on her representation dated 28.07.2020.

For Petitioner : Mr.K.Arunraj For R1 & R2 : M/s.M.Rajeshwai For M/s.S.M.S.Johnny Basha Standing Counsel For R3 : No Appearance

ORDER

The petitioner has a running litigation against the third respondent. The petitioner however, requires an electricity connection with respect to her property at Door No.1/115, Madha Kovil Street, Thalaimalaipatti Post, Thottiyam Taluk, Trichy District.

2.The petitioner gave a representation on 28.07.2020. In view of the litigation which is prevailing it is only appropriate that the petitioner gives an indemnity bond along with the fresh application through proper procedure. In the said indemnity bond, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.10253 of 2020 the petitioner should accept that the electricity connection shall be dependent on the result of the civil suit namely O.S.No.93 of 2020, now pending on the file of District Munsif Court, Musiri. 3.The petitioner should file a fresh application along with the indemnity bond and other particulars, as required by the respondents. The first and second respondents are under a direction to issue service connection within a period of four weeks from the date of receipt of a copy of such application. 4.The indemnity bond would protect the rights of the third respondent and also assure the third respondent that it had been granted only subject to the suit which is pending. 5.With the said observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/lr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Trichy Division, Trichy.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Elurpatti, Thottiyam Taluk, Trichy District.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-37230[F] dated 03/12/2021 ) W.P(MD).No.10253 of 2020 02.12.2021 RD(15.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2