Madras High CourtWP(MD)/28325/2022disposed of

Lakshmi. M v. The Superintending Engineer

2023-03-17Honourable Mr Justice C.V. Karthikeyan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.Lakshmi ... Petitioner Vs.

1.The Superintending Engineer, O/o. The Superintending Engineer, Distribution TNEB/TANGEDCO, Maharajan Nagar, Tirunelveli - 01

2. The Executive Engineer, Distribution, TNEB/TANGEDCO, Sangarankoil, Tenkasi District.

3.The Junior Engineer, Distribution, TNEB/TANGEDCO, Pzhankottai, Tiruvengadam Taluk, Sangarankoil, Tenkasi District 4.Thuraichi 1/7

5.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District ... Respondents (R4 and R4 are impleaded vide court order dated 11.01.2023 in W.MP(MD0No.742/2023 in W.P(MD)No.28325 of 2022 by GRSJ) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the respondents to provide electricity connection to the petitioner's dwelling house situated in Door No.2/232, South Street, Karpadam, Thiruvengadam Taluk, Tenkasi District based on the application No. 200070431022474 dated 12.10.2022 and the representation dated 03.12.2022 made by the petitioner within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel For R4 : Mr.I.Suthakaran For R5 : Mr.R.Siva Kumar Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed in the nature of writ of mandamus seeking a direction to the respondents to give electricity connection to the dwelling house of the petitioner at 2/232, South Street, Karpadam, 2/7

Thiruvengadam Taluk, Tenkasi District based on the application No. 200070431022474 dated 12.10.2022. Subsequently the petitioner has given a representation dated 03.12.2022.

2. The learned counsel for the fourth respondent, with whom the petitioner disputes relating to the title of the property, had pointed out that having submitted an application seeking electricity connection to the dwelling house of the petitioner, the petitioner has stated that electricity connection is required for Survey No.144/1, Karpadam, Thiruvengadam Taluk, Tenkasi District.

3. The learned counsel for the petitioner however stated that Survey No.144/1 relates to Door No.2/232 according to the sale deed.

4. To this, the learned counsel for the fourth respondent has stated that the particular sale deed is questioned and disputed and contested by the fourth respondent and that a civil suit will naturally 3/7

have to be filed relating to the rights granted under the particular sale deed.

5. Accordingly, the third respondent, the Junior Engineer, Distribution, TNEB/TANGEDCO, Pazhankottai, Tiruvengadam Taluk, Sangarankoil, Tenkasi District, is directed to inspect the premises for which electricity connection is to be granted and examine the particulars of the premises and examine the corresponding survey numbers and also take into consideration any objection if given by the fourth respondent and thereafter, also make it clear and get an undertaking from the petitioner herein that merely since the electricity connection is granted, it will not bind in any manner the interest of the title holder or further right over the property. An indemnity bond shall be obtained from the petitioner herein informing that merely because the electricity connection is granted, they will not claim any further right on the basis of the grant of electricity connection to the property. After ensuring all these, the third respondent, if the petitioner is 4/7

otherwise entitled for grant of electricity connection, proceed further to grant electricity connection. The said exercise shall be completed within a period of 3 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

17.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 5/7

To, 1.The Insurance Ombudsman, State of Tamil Nadu and Pondicherry, 453, Fathima Akthar Court 4th Floor, Anna Salai, Teynamet, Chennai 2.M/s.Bharti AXA General Insurance Co. Ltd., Rep. By its Branch Manager, No.45/1 A(P), 2nd Floor, Raja Barley Building, By Pass Road, Ponmeni, Madras - 625 010

3. The Insurance Regulatory and Development Authority of India Rep. By its Chairman, Sy.No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad - 500 032.

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C.V.KARTHIKEYAN, J.

CM 17.03.2023 7/7