Madras High Court
I.Edward Gettan vs The Assistant Engineer ... on 8 April, 2022
W.P.(MD).No.6514 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.(MD).No.6514 of 2022
and
W.M.P.(MD).No.5046 of 2022
I.Edward Gettan ... Petitioner
Vs.
1.The Assistant Engineer (Distribution),
TANGEDCO,
Begampur Sub-Station, Near Industrial Estate,
Dindigul District.
2.S.Prabhakaran
3.I.Joseph Nelson
4.I.Prince ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the first respondent
to give electricity supply to the petitioner's shop in No.37D/43, Mettupatti
Sandai Road, Dindigul.
For Petitioner : Mr.K.K.Udayakumar
For R-1 : Mr.S.Deenadhayalan
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W.P.(MD).No.6514 of 2022
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction
to the first respondent to give electricity service connection to the petitioner's
shop situated at No.37D/43, Mettupatti Sandai Road, Dindigul based on the
petitioner's application dated 08.03.2022 within a time frame to be fixed by this
Court.
2. The petitioner claims that he is the absolute owner of the
aforementioned shop and he is in possession of the same. According to him, a
partition suit was filed by the petitioner against his brothers and sisters which
came to be dismissed in O.S.No.76 of 2011 on the file of the Additional District
Court, Dindigul. Aggrieved by the same, it is the contention of the petitioner
that an appeal has been filed in A.S.(MD).No.7 of 2022 before this Court. The
said appeal is pending.
3. According to the petitioner, admittedly, he is in possession of the
aforementioned shop, even according to his brothers and sisters as they have
admitted his possession as seen from the judgment and decree passed by the
Additional District Court, Dindigul dated 30.01.2020 in O.S.No.76 of 2011.
According to him, since he is in possession of the shop, there is no prohibition
for the first respondent to grant electricity service connection in his favour. In
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W.P.(MD).No.6514 of 2022
such circumstances, he has filed this Writ Petition seeking for a direction to the
first respondent to grant electricity service connection to the aforementioned
shop based on his application.
4. Heard Mr.K.K.Udayakumar, learned counsel for the petitioner and
Mr.S.Deenadhayalan, learned Standing Counsel, who accepts notice on behalf
of the first respondent.
5. Learned counsel for the petitioner relies upon a judgment of the
Division Bench of this Court dated 18.09.2017 passed in W.A.(MD).No.146 of
2017 in the case of K.P.C.Kandasamy Vs. The Assistant Executive Engineer,
Tamil Nadu Electricity Board and others and would submit that the only
criteria, the first respondent will have to see is, as to who is in possession of the
property. According to him, admittedly, since the petitioner is in possession of
the property, there is no prohibition for the first respondent to grant electricity
service connection in his favour. According to him, it is not necessary to obtain
the consent of the brothers and sisters of the petitioner for grant of electricity
service connection.
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W.P.(MD).No.6514 of 2022
6. Learned counsel for the petitioner also drew the attention of this Court
to the judgment and decree dated 30.01.2020 passed in O.S.No.76 of 2011 on
the file of the Additional District Court, Dindigul and in particular, he referred
to an observation made in the said judgment, wherein, in the written statement
filed by the brothers and sisters of the petitioner, they themselves had admitted
that the petitioner is in possession of the aforementioned shop. According to
the learned counsel for the petitioner, therefore, there is no bar for the first
respondent to grant electricity service connection in favour of the petitioner.
7. However, the learned Standing Counsel for the first respondent would
submit that unless and until consent is obtained from the brothers and sisters of
the petitioner, it may not be possible for the petitioner to get an electricity
service connection for the aforementioned shop in his favour. He would also
submit that the Division Bench judgment relied upon by the learned counsel for
the petitioner pertains to a land lord-tenant relationship and hence, the same is
not applicable to the case of the petitioner.
8. No prejudice would be caused to the first respondent, if the
contentions of the petitioner raised in this Writ Petition are considered on
merits and in accordance with law, after affording a fair hearing to the
petitioner including granting him the right of personal hearing.
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W.P.(MD).No.6514 of 2022
9. For the foregoing reasons, this Court directs the first respondent to
consider the petitioner's application dated 08.03.2022 seeking for electricity
service connection in his name for the shop situated at No.37D/43, Mettupatti
Sandai Road, Dindigul and pass final orders on merits and in accordance with
law, in the light of the Division Bench judgment referred to supra, after
affording a fair hearing to the petitioner and other necessary parties, whom the
first respondent deems fit to enquire, including granting them the right of
personal hearing, within a period of six (6) weeks from the date of receipt of a
copy of this order.
10. With the aforesaid direction, this Writ Petition is disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous petition
stands closed.
08.04.2022
Index : Yes / No
Internet : Yes/ No
Lm
To
The Assistant Engineer (Distribution),
TANGEDCO,
Begampur Sub-Station, Near Industrial Estate,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.6514 of 2022
ABDUL QUDDHOSE,J.
Lm
W.P.(MD).No.6514 of 2022
08.04.2022
https://www.mhc.tn.gov.in/judis
