Madras High CourtWP(MD)/10660/2024disposed of

P.Viswanathan v. The Chief Engineer

2025-01-06Honourable Mr Justice G.K. Ilanthiraiyan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.9534 of 2024 P.Viswanathan ... Petitioner Vs 1.The Chief Engineer, Office of the Chief Engineer, System Operation, TANGEDCO, (First Floor, East Wing), Mannarpuram, Trichirapalli - 620 020.

2.The Executive Engineer, Office of the Executive Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Operation and Maintenance, Lalgudi - 621 601, Trichirappalli District.

3.The Junior Engineer, Office of the Junior Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Valadi at Thirumanamedu, Lalgudi Taluk, Trichirappalli District.

4.The Tahsildar, Revenue Department, Lalgudi Taluk, Trichirappalli District.

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5.The Village Administrative Officr (V.A.O), Appadurai No.60, Revenue Village, Valadi Region, Lalgudi, Trichirappalli District.

6.N.Ganesan 7.Mangayarkarasi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the fifth respondent dated Nil and quash the same and consequently direct the fifth respondent Village Administrative Officer, Valadi Region No.60, Appadurai Revenue Village, Lalgudi Taluk, Trichirappalli District to issue Residence Certificate to the petitioner and further direct the respondents 1 to 3 herein (TANGEDCO) to provide New Electricity Connection in the name of petitioner to the petitioner's house situated at 4/29, Kuditheru, Melavaladi, Lalgudi, Trichirappalli District (350 sq. ft) by implementing the order of this Court in W.P(MD)No.6608 of 2024 dated 20.03.2024.

For Petitioner : Mr.N.Sudhagar Nagaraj For RR 1 to 3 : Mr.S.Deenadhayalan For RR 4 & 5 : Mr.M.Senthil Ayyanar Government Advocate 2/7

ORDER

This Writ Petition has been filed by the petitioner challenging the order passed by the fifth respondent thereby rejecting the request made by the petitioner seeking a residential certificate.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner is residing in the given address and it is in dilapidated condition. Therefore, he decided to renovate the same for which he requested the second respondent to disconnect the electricity service connection temporarily until completion of the renovation work. Thereafter, he had put up asbestos shed and living there. Thereafter, in the year 2023, the petitioner sought for restoration of electricity supply connection. However, the petitioner was denied electricity service connection to his house, since there was a dispute between the petitioner and his family members. Further, one N.Ganesan, who is the third brother of the petitioner, along with his wife Mangaiyarkarasi filed a suit in O.S.No.285 of 3/7

2023 on the file of the Principal District Munsif Court, Lalgudi, against the petitioner for injunction. Therefore, the petitioner approached this Court by filing a Writ Petition before this Court in W.P(MD)No.6608 of 2024 for a direction directing the second respondent to provide electricity service connection. This Court by order dated 20.03.2024 directed the second respondent to provide electricity service connection subject to fulfillment of other usual formalities. Therefore, the petitioner approached the fifth respondent for issuance of residential certificate. Though the fifth respondent stated that the petitioner is residing in the above address, the petitioner failed to produce any other documents to show that he is residing in the address. The residence of the petitioner is admitted by the fifth respondent. Even then for nonproduction of other documents, the fifth respondent rejected the application submitted by the petitioner for issuance of residential certificate.

4.In view of the above, the impugned order passed by the fifth respondent cannot be sustained and the same is liable to be quashed. Accordingly, the impugned order passed by the fifth respondent is quashed and the Writ Petition is allowed. The fifth 4/7

respondent is directed to issue residential certificate to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents 2 and 3 are directed to provide electricity service connection to the petitioner forthwith. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 06.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7

To 1.The Chief Engineer, Office of the Chief Engineer, System Operation, TANGEDCO, (First Floor, East Wing), Mannarpuram, Trichirapalli - 620 020.

2.The Executive Engineer, Office of the Executive Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Operation and Maintenance, Lalgudi - 621 601, Trichirappalli District.

4.The Tahsildar, Revenue Department, Lalgudi Taluk, Trichirappalli District.

5.The Village Administrative Officr (V.A.O), Appadurai No.60, Revenue Village, Valadi Region, Lalgudi, Trichirappalli District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 06.01.2025 7/7