K. Ramesh v. The Superintendent Engineer (Town/South)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.K.Ramesh 2.K.Balamurugan ... Petitioners Vs.

1.The Superintendent Engineer, (Town/south), TANGEDCO, Theni District, Theni.

2.The Assistant Engineer, TANGEDCO, (Operation and Management), Devadanappatti Village, Periyakulam Taluk, Theni District.

3.P.Rathinasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide the Electricity connection to the petitioner's property bearing Survey No.1887/37, Rice Mill Street, Devadanappatti Village, Periyakulam Taluk, Theni District, on the basis of the petitioner's representation dated 23.09.2024.

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For Petitioner : Mr.R.Shankar Ganesh For R-1 & R-2 : Mr.S.Deenadhayalan, Standing counsel For R-3 : Mr.S.Moorthy

ORDER

This writ petition is filed to direct the respondents to provide the Electricity connection to the petitioner's property bearing Survey No. 1887/37, Rice Mill Street, Devadanappatti Village, Periyakulam Taluk, Theni District, on the basis of the petitioner's representation dated 23.09.2024. 2.Heard the learned counsels on either sides and carefully perused the materials available on record.

3.When the matter came up for hearing, the learned standing counsel, Mr.S.Deenadhayalan appearing for the respondent corporation submitted that they were not able to provide electricity to the petitioner only because of the objection raised by the 3rd respondent.

4.The learned counsel appearing for the 3rd respondent Mr.S.Moorthy submitted that a title suit with respect to the property in survey No. 1887/37, Rice Mill Street, Devadanappatti Village, Periyakulam Taluk, Theni 2/5

District, is pending in OS number. 71 of 2021 on the file of the Subordinate Judges Court at Periyakulam. For which, the learned counsel for the petitioner, Mr. Shankar Ganesh submitted that the same is not a title suit but it is a partition suit.

5.Pendency of a civil suit is not a ground for denial of providing an electricity connection. In view of the same, electricity being the basic amenity of a common man, this Court hereby direct the respondent corporation to provide an electricity connection to the petitioner on giving an indemnity bond within a period of two (2) weeks from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Superintendent Engineer, (Town/south), TANGEDCO, Theni District, Theni.

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2.The Assistant Engineer, TANGEDCO, (Operation and Management), Devadanappatti Village, Periyakulam Taluk, Theni District.

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L.VICTORIA GOWRI, J.

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