Madras High CourtWP(MD)/770/2015disposed of

Kathiresan, v. The Assistant Engineer

2015-01-22Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.770 of 2015 Kathiresan

...Petitioner

Vs.

The Assistant Engineer (Distribution) Tamil Nadu Electricity Generation and Distribution Corporation (TANGED), Rural/North, Usilampatti, Madurai District.

...Respondent

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent herein to forthwith provide the Electricity Service Connection to petitioner's house situated in T.S (old) 212/3 New S.No.272/22 bearing Door No.212 Meyyanpatti, Seemanoothu village, Usilampatti Taluk Madurai District.

For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondent : Mr.S.M.S.Johnny Basha Standing Counsel for TNEB

O R D E R

The petitioner seeks for a Mandamus to direct the respondent to give electricity service connection to the petitioner's house. 2.According to the petitioner, he has paid necessary house tax and he has also produced adangal in respect of property in question. In spite of the same, the respondent has refused to grant electricity service connection to the petitioner's house. 3.When the matter came up for hearing, learned counsel for the respondent would only contend that the third party is objecting to give electricity service connection.

4.Learned counsel for the petitioner relied upon the decisions of this Court reported in (2014) 3 MLJ 851 (G.Murugan Vs. Chairman, Tamil Nadu Electricity Board and others) and 2014 Writ L.R.22 (T.M.Prakash Vs.The District Collector and another) and submitted that electricity service connection can be given to the persons who are in occupation of premises even if their ownership is disputed. 5.In view of the above decisions of this Court, there will be a direction to the respondent to consider the application of the petitioner dated 08.12.2014 seeking electricity service connection and pass appropriate orders on merits and in accordance with law, after giving opportunity to all the parties concerned, within a period of two months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To The Assistant Engineer (Distribution) Tamil Nadu Electricity Generation and Distribution Corporation (TANGED), Rural/North, Usilampatti, Madurai District.

+1CC to M/s.R.Santhanam Rajesh, Advocate in SR.3175 Writ Petition (MD)No.770 of 2015 22.01.2015 sms pbk 02/02/2015 ;:2p-3c:

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