Madras High Court
K.Madhavan vs The Chief Engineer on 10 November, 2021
W.P.No.17538 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.17538 of 2019
K.Madhavan ... Petitioner
vs.
1. The Chief Engineer,
Southern Region,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
No.144, Anna Salai,
Chennai - 600 002.
2. The Superintending Engineer (CEDC),
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
K.K.Nagar,
Chennai - 600 0078.
3. The Pubic Relations Officer,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
No.144, Anna Salai,
Chennai - 600 002.
4. The Executive Engineer/O&M,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
Adyar, Chennai - 600 113.
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W.P.No.17538 of 2019
5. The Assistant Executive Engineer/O&M,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
Tharamani, Chennai - 600 113.
6. The Assistant Engineer/O&M,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
Chinnamalai, TNEB 33/11 KV,
IIT Substation Complex, IIT Madras,
Chennai - 600 036.
7. Dr.R.Jayachandran
8. Kala Jayachandram ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, forbearing Respondents 1 to 6 from
granting electricity connection on the application of Respondents 7 and 8 to
the property nearing New Door No.35, Old Door No.25-B, Ranjith Road,
Kotturpuram, Chennai - 600 085.
For Petitioner : Mr.V.G.Suresh Kumar
For Respondents 1 to 6 : Mr.L.Jai Venkatesh
For Respondents 7 & 8 : Mrs.Chitra Sampath, Senior Counsel
ORDER
Petitioner has come up with this Writ Petition seeking to forbear
Respondents 1 to 6 from granting electricity connection on the application of
Respondents 7 and 8 to the property nearing New Door No.35, Old Door
No.25-B, Ranjith Road, Kotturpuram, Chennai - 600 085.
https://www.mhc.tn.gov.in/judis
W.P.No.17538 of 2019
2. According to the Petitioner, he is the absolute owner of the
property bearing New Door No.35, Old No.25-B, Ranjith Road, Kotturpuram,
Chennai. While so, one Ahmed Sheriff claimed title to the property on the
premise that, Rokka Patta had been issued to his mother, viz. Pyari Ammal.
The said claim, based on Rokka Patta, has been found to be without any basis
by this Court by a judgment dated 04.10.2001 in O.S.A.Nos.117 and 278 of
1992 and the Court held that, Pyari Ammal has failed to prove her title to the
property. In spite of the same, the said Ahmed Sheriff purported to sell the
property to the 7th and 8th Respondents under the Sale Deed dated 23.05.2014
registered as Document No.276 of 2015.
3. The said Ahmed Sheriff (since deceased) filed O.S.No.8199 of
2010 on the file of the City Civil Court, Chennai, praying for a permanent
injunction restraining the Petitioner from disturbing his alleged possession of
the property in question. He also filed an Application for interim injunction in
I.A.No.14530 of 2010 seeking to restrain him from disturbing his alleged
possession. The said Application went up on Revision to this Court and by
an order dated 02.12.2011 made in C.R.P.Nos.2101 and 2102 of 2011, this
Court found that the Petitioner is in possession of the property in question
and that, the said Ahmed Sheriff is not in possession of the property.
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W.P.No.17538 of 2019
4. Thereafter, when Respondents 7 and 8 attempted to lay a claim
to the property by means of a fraudulent Sale Deed purported to have been
executed by Ahmed Sheriff, the Petitioner filed O.S.No.746 of 2019 on the
file of the City Civil Court, Chennai, praying to declare the Sale Deed dated
23.05.2014 executed in the favour of Respondents 7 and 8 herein, as
fraudulent. However, Respondents 7 and 8 herein applied for electricity
connection to the Petitioner's property. Hence, the Petitioner sent a letter
dated 17.06.2019 to Respondents 1 to 6 herein calling upon them to desist
from granting electricity service connection to the property in question. In
spite of the Petitioner's objections, the 5th Respondent has categorically stated
on 18.06.2019 that, electricity connection would be given to the property in
question. Hence, having no other alternative, Petitioner has come up with this
Writ Petition.
5. Learned counsel for the Petitioner submitted that, the Petitioner
is in possession of the property in question and has obtained electricity
connection under Consumer No.092 620 04789 and has been enjoying the
said connection for more than ten years and that, Respondents 7 and 8 herein
cannot claim title to his property.
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W.P.No.17538 of 2019
6. Learned Standing Counsel appearing for Respondents 1 to 6
herein submitted that, Respondents 7 and 8 herein have made an Application
for grant of electricity connection to the property in question and that, this
Court may issue an order restraining the Respondents/TANGEDCO in
processing their Application.
7. Taking note of the submissions of the learned counsel on either
side and considering the facts and circumstances of the case, this Court
directs Respondents 1 to 6/TANGEDCO not to process the Application
submitted by Respondents 7 and 8 seeking electricity service connection,
till the disposal of the Suit filed by the Petitioner herein in respect of title
to the property in question. However, it is open to the Petitioner and
Respondents 7 and 8 to work out their remedy in the manner known to law.
The Writ Petition is disposed of accordingly. No costs.
Consequently, connected W.M.P.No.17016 of 2019 is closed.
10.11.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb/skt)
https://www.mhc.tn.gov.in/judis
W.P.No.17538 of 2019
To:
1. The Chief Engineer,
Southern Region,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer (CEDC),
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
K.K.Nagar, Chennai - 600 0078.
3. The Pubic Relations Officer,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
No.144, Anna Salai,
Chennai - 600 002.
4. The Executive Engineer/O&M,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
Adyar, Chennai - 600 113.
5. The Assistant Executive Engineer/O&M,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
Tharamani,
Chennai - 600 113.
6. The Assistant Engineer/O&M,
Tamil Nadu Generation and Distribution
Corporation (TANGEDCO),
Chinnamalai, TNEB 33/11 KV,
IIT Substation Complex, IIT Madras,
Chennai - 600 036.
https://www.mhc.tn.gov.in/judis
W.P.No.17538 of 2019
M.DHANDAPANI,J.
(aeb)
W.P.No.17538 of 2019
10.11.2021
https://www.mhc.tn.gov.in/judis
