Madras High Court
K.Sivakumar vs The Chairman on 6 September, 2021
W.P.Nos.4545 and 4450/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2021
CORAM:
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
W.P. No. 4545 and 4450 of 2021
K.Sivakumar .. Petitioner in W.P.No.4545
K.Durairaj .. Petitioner in W.P.No.4450
Vs
1.The Chairman
Tamil Nadu Generation and Distribution Corporation
TANGEDCO
Anna Salai, Chennai 600 002.
2.The Assistant Engineer,
Pozhichalur Distribution Circle
(TANGEDCO)
Having office at Pammal
Chennai.
3.K.Shanmugavel ..Respondents in
both W.Ps.
Prayer in W.P.No.4545/2021: Writ petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of Mandamus to direct the
respondents 1 and 2 to provide low tension electricity service connection
application (Receipt No.311-10/20-948 dated 08.10.2020 to the petitioner's
residence at Plot No.3A Agastheeswarar Nagar, 8th street, comprised in
S.No.176/1 Pozhichalur Village, Tambaram Taluk, within a reasonable period in
1/7
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W.P.Nos.4545 and 4450/2021
the event of the petitioner complies with the conditions stipulated in clause
27(4) of the Tamil Nadu Electricity Code.
Prayer in W.P.No.4450/2021: Writ petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of Mandamus to direct the
respondents 1 and 2 to provide low tension electricity service connection
application (Receipt No.311-08/20-693 dated 14.08.2020 to the petitioner's
residence at Plot No.10 comprised in S.No.90, Pozhichalur Village,
Shanmugam Street, Mover Nagar (at present Pallavaram Taluk), Kancheepuram
District within a reasonable period in the event of the petitioner complies with
the conditions stipulated in clause 27(4) of the Tamil Nadu Electricity Code.
For Petitioner : Mr.K.Venkatesan
For Respondent : Mr.L.Jai Venkatesh
Standing counsel for R1 & R2
Mr.K.Shanmugavel
appeared in person
ORDER
The issue involved in both the writ petitions are common and hence,
they are taken up together, heard and disposed of through this common order.
2.The issue involved in both the writ petitions pertains to the lease
agreement between the petitioner and the third respondent through which the
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W.P.Nos.4545 and 4450/2021
petitioners have become the lessee in the subject property. When the
petitioners made an attempt to get service connection from the TANGEDCO,
the same was not considered on the ground that objections were given by the
Executive Officer, who was appointed for the Temple. Aggrieved by the same,
these two writ petitions have been filed before this Court.
3.Heard the learned counsel for the petitioners, the learned standing
counsel for the respondents 1 and 2 and the third respondent appeared in
person.
4.It is seen from the records that there is a pending dispute between
the third respondent and the HR&CE department in O.S.No.118/2008 on the
file of the Principal District Munsif Court, Alandur. In the said suit, the third
respondent has also obtained an order of interim injunction restraining the
HR&CE department from interfering with the affairs of the Temple. The third
respondent claims to be the hereditary trustee of the temple. It is also seen from
records that some third party also filed a suit before the civil Court restraining
the department from giving any service connection and the said suit was also
dismissed for non prosecution by judgment and decree dated 02.12.2011.
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W.P.Nos.4545 and 4450/2021
5. It is also seen from records that the property tax is assigned in the
name of the petitioners and the third respondent has also given no objection for
providing service connection to the petitioners. That apart, service connection
has been given to another lessee, who is similarly placed like the petitioners
and who is also the lessee under the third respondent.
6. Taking into consideration the facts and circumstances of the case
and also the pending dispute between the third respondent and the HR&CE
department, this Court is inclined to issue appropriate directions to the second
respondent.
7. The petitioners are directed to make a fresh on-line application
before the second respondent seeking for service connection. The second
respondent, on receipt of the same, shall ensure that the petitioners are in
possession of the property and shall process the application by getting the
necessary indemnity bond from the petitioners and also shall direct the
petitioners to comply with all the conditions as stipulated under Section 27(4)
of the Tamil Nadu Electricity Distribution Code. The second respondent shall
complete the process within a period of four weeks from the date of receipt of a
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W.P.Nos.4545 and 4450/2021
copy of this order. It is also made clear that the service connection that is given
to the petitioners cannot be taken to be a recognition of the right of the third
respondent over the temple and the dispute between the HR&CE department
and the third respondent will be independently dealt with on its own merits and
in accordance with law.
8. These writ petitions are disposed of with the above directions.
No costs.
06.09.2021
Index : Yes/No
Internet : Yes
Speaking Order/Non-speaking Order
RR
https://www.mhc.tn.gov.in/judis/
W.P.Nos.4545 and 4450/2021
To
1.The Chairman
Tamil Nadu Generation and Distribution Corporation
TANGEDCO
Anna Salai, Chennai 600 002.
2.The Assistant Engineer,
Pozhichalur Distribution Circle
(TANGEDCO)
Having office at Pammal
Chennai.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.4545 and 4450/2021
N.ANAND VENKATESH, J.
RR
W.P.Nos.4545 and 4450 of 2021
06.09.2021
https://www.mhc.tn.gov.in/judis/
