V.Manickavasagam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23/09/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR V.Manickavasagam ... Petitioner Vs
1. The District Collector, Pudukkottai District,Pudukkottai.
2. The Revenue Divisional Officer, Revenue Divisional Office,Pudukkottai.
3. The Tahsildar, Alangudi Taluk, Pudukkottai District.
4. The Assistant Engineer, Tangedco, Avananthankottai, Pudukkottai District.
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 4th respondent to change electricity connection to the petitioner favour from already existing the petitioners father name S.Vadivel, Electricity connection Number 06-1336-007-351 made in Survey No.254/2A3B 1/5
situated at Panangulam Village, Alangudi Taluk, Pudukkottai District and considering the petitioners representation dated 22.07.2024 and grievance day meeting dated 22.07.2024.
For Petitioner : M/s. V.Anand, For Respondent : Mr.A.Kannan for R1 to R3 Additional Government Pleader Mr.S.Deenadayalan for R4
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The writ petition has been filed for a mandamus directing the 4th respondent to change electricity connection to the petitioner favour from already existing Electricity connection Number 06-1336-007-351 made in Survey No.254/2A3B situated at Panangulam Village, Alangudi Taluk, Pudukkottai District and considering the petitioner's representation dated 22.07.2024 and grievance day meeting dated 22.07.2024.
3. It is the case of the petitioner that service connection was originally in the name of his father and after the death of his father, a suit 2/5
has been filed for partition, accordingly, the subject property including the service connection has been allotted to the petitioner. A Commissioner's report is also filed in this regard. While so, according to the petitioner, the 4th respondent has not changed the name of the petitioner.
4. The learned counsel for the respondent Board would submit that the petitioner has to produce the document to show that he is in exclusive possession of the Well. If such document is produced, they will change the service connection from the name of the petitioner's father to the petitioner's name.
5. I have considered the rival submissions and perused the materials available on record.
6. A preliminary decree and the application filed for final decree and the report of the Commissioner filed before the Court below clearly indicate that the Well has been allotted to the petitioner and others have no objection.
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7. In such view of the matter, when the petitioner produces documents to show that the Well is in his exclusive possession and as long as there is no objection by other co-sharers, it is the duty of the 4th respondent to effect necessary change in the name. Such exercise shall be completed within a period of one month from the date of receipt of a copy of this order.
8. The writ petition is disposed of with the above direction. No costs.
23.09.2024 RR TO
1. The District Collector, Pudukkottai District,Pudukkottai.
2. The Revenue Divisional Officer, Revenue Divisional Office, Pudukkottai.
3. The Tahsildar, Alangudi Taluk, Pudukkottai District.
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N.SATHISH KUMAR,J RR
ORDER
IN WP(MD) No.22414 of 2024 Date : 23/09/2024 5/5