Kumaravel v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.21048 2024 Kumaravel

...Petitioner

-vs1.The Superintending Engineer, TANGEDCO, Trichy Circle, Trichy Corporation, Trichy District-620 020.

2.The Assistant Engineer, TANGEDCO, T.Murugapatti, Thuraiyur Taluk, Trichy District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the Respondents to transfer the name in Electricity Service connection No. 282-001-744 from petitioner's grandmother namely, Saraswathi to petitioner's name by considering the petitioner's online application No. 200062820724101 dated 08.07.2024 within the period that may be stipulated by this Court.

For Petitioner : Mr.G.Chezhiyan For Respondents : Mr.S.Deenadhayalan Standing Counsel 1/5

ORDER

Mr.S.Deenadhayalan, learned Standing Counsel, takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking a direction to the Respondents to transfer the name of the Electricity Service connection in No.282-001-744 from petitioner's grandmother namely, Saraswathi to his name by considering his online application dated 08.07.2024. Since the same was not considered, the petitioner has filed this writ petition.

3.The learned counsel for the petitioner submitted that the subject property is in the possession and enjoyment of the petitioner and his grandparents. After the death of his grandparents, the property devolved upon the petitioner based on the registered Will dated 08.01.2021 executed in his favour. Thereafter, the petitioner had applied for name change in the electricity service connection. The petitioner filed the 2/5

house tax receipt and water tax receipt in his name along with the online application. However, the first respondent without considering the same, had insisted the petitioner to produce the revenue records. 4.The learned Standing Counsel for the respondents submitted that since the property is situated in a poromboke land and no revenue records are available for the said land, the name of the service connection could not be changed.

5.The fact that service connection was granted to the grandmother of the petitioner in the year 1981, is not disputed and the said service connection is still in existence, is also not disputed. Further, the petitioner is in possession of the subject property after the demise of his grandmother. Hence, merely because the revenue records are not available for the subject property, it cannot be refused to change the name of the service connection already granted to the petitioner's grandmother.

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6.In view of the above, the respondents are directed to change the name of the service connection into the petitioner's name after obtaining necessary indemnity bond from the petitioner within a period of two months from the date of receipt of a copy of this order. 7.This writ petition is disposed of accordingly. No costs. 04.09.2024 Index : Yes / No Internet : Yes / No ta To 1.The Superintending Engineer, TANGEDCO, Trichy Circle, Trichy Corporation, Trichy District-620 020.

2.The Assistant Engineer, TANGEDCO, T.Murugapatti, Thuraiyur Taluk, Trichy District.

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N.SATHISH KUMAR, J.

ta 04.09.2024 5/5