K.R.Vellaisamy (Died) v. The Executive Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.R.Vellaisamy (Died) V.Ganesan ... Petitioner (Petitioner is substituted vide Court order dated 09.08.2023 in W.M.P.(MD).No.4128 of 2022 in W.P.(MD).No.15489 of 2020) Vs.
1.The Executive Engineer, Operations and Maintenance, Tamil Nadu Generation and Distribution Corporation, Trichy East, Mannarpuram, Trichy - 20.
2.The Assistant Executive Engineer Operations and Maintenance, Tamil Nadu Generation and Distribution Corporation, Thiruverumbur, Trichy.
3.The Assistant Engineer, Operations and Maintenance, Tamil Nadu Generation and Distribution Corporation, Navalpattu, Trichy - 16.
... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned orders of the third respondent in Ka.No.UMiPo/EKa/Na.Pattu/Ko.Kattu/A.No.245/2020 dated 31.03.2020 and another impugned order in Ka.No.UMiPo/EKa/Na.Pattu/ Ko.Kattu/A.No. 170/2020 dated 03.10.2020 and quash the same as illegal and direct the respondents to give electricity supply to the petitioner's house in Door No.6/286A, comprised in Survey No.310/1 situated at Vivasaya Thottam, Navalpattu Village, Anna Nagar, Trichy - 26 on executing the indemnity bond under Clause 27(4) of Tamil Nadu Electricity Distribution Code 2004. For Petitioner : Mr.P.Saravana Kumar For Respondents : Mr.S.Deenadhayalan, Standing Counsel.
ORDER
This Writ Petition is filed to quash the order dated 31.03.2020 and another impugned order dated 03.10.2020 with a consequential direction to give electricity supply to the petitioner's house in Door No.6/286A, comprised in Survey No.310/1 situated at Vivasaya Thottam, Navalpattu Village, Anna Nagar, Trichy - 26 on executing the indemnity bond under Clause 27(4) of Tamil Nadu Electricity Distribution Code 2004. 2/5
2. The contention of the petitioner is that there was a dispute in assigning patta to the petitioner. Pending Writ Petition, the writ petitioner died and the legal heirs of the deceased petitioner filed a substitute petition and the same is allowed vide order dated 09.08.2023. The petitioner's family is residing in the disputed site.
3. Already, a Writ Petition in W.P.(MD).No.8413 of 2019 was filed by the deceased petitioner, wherein the prayer is to grant permanent assignment patta to the petitioner. At the time of admission, this Court vide order dated 08.04.2019 granted an order of interim injunction and it is pending before this Court as on today.
4. Therefore, the respondent TANGEDCO is directed to effect electricity connection. However, the electricity connection is subject to the result of the above stated W.P.(MD).No.8413 of 2019.
5. The substituted legal heirs of the deceased petitioner shall submit an undertaking affidavit stating that he would abide by the order that would be passed in W.P.(MD).No.8413 of 2019. On such undertaking, the respondents 3/5
are directed to provide electricity connection to the petitioner within a period of four (4) weeks from the date of filing of the undertaking affidavit.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
09.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Executive Engineer, Operations and Maintenance, Tamil Nadu Generation and Distribution Corporation, Trichy East, Mannarpuram, Trichy - 20.
2.The Assistant Executive Engineer Operations and Maintenance, Tamil Nadu Generation and Distribution Corporation, Thiruverumbur, Trichy.
3.The Assistant Engineer, Operations and Maintenance, Tamil Nadu Generation and Distribution Corporation, Navalpattu, Trichy - 16.
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S.SRIMATHY, J.
Nsr 09.08.2023 5/5