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Madras High CourtWP(MD)/16764/2017disposed of

G.Thanba @ Balakrishnan, v. The Assistant Engineer,

2017-09-11Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.16764 of 2017 G.Thanba @ Balakrishnan ... Petitioner vs.

The Assistant Engineer, Operation and Maintenance, TANGEDCO, Tamil Nadu Electricity Board, Thiruvanaikovil, Trichy District.

... Respondent Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to grant electricity connection in respect of the petitioner's house property in Door No.2/J, Bharathi Street, Thiruvanaikovil, Trichy5, based on the application, dated 19.07.2016, on the file of the respondent, within a time to be stipulated by this Court. For Petitioner : Ms.M.Maria Vinola For Respondent : Mr.E.P.Venkateshwar for Mr.S.M.S.Johny Basha Standing Counsel for TNEB

ORDER

The petitioner has come to this Court for issuance of a Writ of Mandamus, directing the respondent to grant electricity connection in respect of the petitioner's house property in Door No.2/J, Bharathi Street, Thiruvanaikovil, Trichy - 5, based on the application dated 19.07.2016, on the file of the respondent. 2.The petitioner is residing at Door No.2/J, Bharathi Street, Thiruvanaikovil, Trichy. The electricity service connection stood in the name of the petitioner's mother viz., Lakshmi Kandham who died on 06.12.2010. The father of the petitioner pre-deceased the petitioner's mother, hence, the petitioner filed O.S.No.296 of 2013 before the District Munsif Court, Trichy, for partition and other reliefs. During the pendency of the suit, the petitioner filed I.A.No.307 of 2013, for a direction to the respondent to restore the existing service connection from the petitioner's mother's name or to give a new service connection in respect of https://hcservices.ecourts.gov.in/hcservices/

the suit property in his name. On 30.07.2013, the learned District Munsif, Trichy, allowed the said petition, directing the respondent to give electricity service connection. Subsequently, the petitioner gave an application in AE/02M/T.V.Kovil, dated 19.07.2016 to the respondent to give electricity service connection to his house property bearing Door No.2/J, Bharathi Street, Thiruvanaikovil, Trichy-5. But, till date, the respondent has not given electricity service connection to the petitioner's house. Hence, the present writ petition.

3.Today, when the matter is taken up for hearing, Mr.E.P.Venkateshwar, learned counsel appearing for Mr.S.M.S.Johny Basha, learned Standing Counsel for TNEB placing on record the proceedings dated 23.07.2016, submitted that if the petitioner gives an application along with an order dated 30.07.2013, passed in I.A.No.307 of 2013 in O.S.No.296 of 2013 by the learned District Munsif, Trichy, the same would be considered within a time frame to be fixed by this Court. Therefore, the petitioner is directed to give an application along with the order dated 30.07.2013, passed in I.A.No.307 of 2013 in O.S.No.296 of 2013, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the respondent is directed to consider the same and pass appropriate orders in accordance with law, within a period of three weeks thereafter. 4.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To The Assistant Engineer, Operation and Maintenance, TANGEDCO, Tamil Nadu Electricity Board, Thiruvanaikovil, Trichy District.

+One cc to M/s.M.Maria Vinola, Advocate, SR.No.77853 smn2 RL/3C/2P/JC/SAR1/20/9/2017 W.P(MD)No.16764 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 11.09.2017