Writ Petition No.33598 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 1/11/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.33598 of 2017
and
W.M.P.No.37150 of 2017
1. C. Thangamuthu (died)
2. T. Vedhanayaki
3. T.Nivedita
4. T. Nithesh Kumar ... Petitioners
(P.2 to P.4 were substituted as Lrs of deceased sole petitioner
vide, order, dated 1/8/2022 made in W.M.P.No.1185 of 2022
in W.P.No.33598 of 2017 by RSMJ)
Vs
1. The Chairman
Tamil Nadu Electricity Board
144 Anna Salai
Chennai 600 002.
2. The Consumer Grievance Redressal Forum
rep. By its Chairman/Superintending Engineer
Tamil Nadu Electricity Board
Tiruppur.
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Writ Petition No.33598 of 2017
3. The Assistant Executive Engineer
Tamil Nadu Generation and
Distribution Corporation
Tiruppur Electricity Distribution Circle
Royapuram
Tirupur 641 601.
4. Latha ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of certiorarified mandamus to call for the records
relating to the impugned order dated 26/9/2017 made in Lr.No.AEE/O &
M/Royapuram/File Sep./Lr.No.266/17-18 passed by the third respondent and
quash the same and direct the respondents 1 to 3 to disconnect the temporary
E.B.Service connection No.204-013-2252 issued in the name of the fourth
respondent.
For petitioner ... Mr.N.Manokaran
For respondents ... Mr.Abul Kalam
Standing Counsel
for R.R.1 to 3
Mr.C.Prabakaran
for R.4
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Writ Petition No.33598 of 2017
ORDER
This writ petition has been filed to quash the order, dated 26/9/2017,
passed by the third respondent, in Lr.No.AEE/O & M/Royapuram/File
Sep./Lr.No.266/17-18 and direct the respondents 1 to 3 to disconnect the
temporary E.B.Service connection No.204-013-2252, issued in the name of the
fourth respondent.
2. The facts which are necessary for the disposal of this writ petition are
as follows:-
Even though objections were raised by the petitioner, third respondent
has considered the application of the fourth respondent and granted temporary
E.B service connection, by way of an impugned order, dated 26/9/2017, holding
that the petitioner has not produced the ownership certificate from the
Tahsildar. Being aggrieved, the petitioner has filed the instant writ petition.
3. Heard Mr.N.Manoharan, learned counsel for the petitioner, Mr.Abul
Kalam, learned counsel for the respondents 1 to 3 and Mr.C.Prabakaran,
learned counsel for the fourth respondent.
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4. The learned counsel appearing for the petitioners submitted that the
third respondent had already granted temporary E.B service connection to the
fourth respondent, in spite of the order passed by this Court, in W.P.No.37889
of 2016, on 22/6/2017. In fact, the petitioner had appeared before the third
respondent, on 8/9/2017 and produced photo copies of all the documents to
prove his title.
5. The learned counsel appearing for the fourth respondent submitted
that there is a serious title dispute between the parties. 145 Proceeding was
initiated and writ petition was also filed in this regard. He would further submit
that the fourth respondent is in possession of the disputed property. In all the
documents, viz., revenue records, water tax and property tax, name of the fourth
respondent exist and hence connection has been given. He would further
submit that Revenue Divisional Officer rejected the patta in favour of the
petitioners, by an order, dated 24/6/2022. Hence opposed the writ petition.
6. Perused the materials available on record.
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7. The third respondent has not decided the title inter se but only seeks to
verify prima facie on the title of the petitioner especially in the light of the
objection raised by the fourth respondent. Pending suit, the petitioner has filed
an application seeking temporary protection which was rejected. Being
aggrieved, appeal has been filed.
8. Vide, order, dated 22/6/2017, this Court in W.P.No.37889 of 2016
has passed the following order:-
“It is needless to state that the petitioner will
have to cooperate in the enquiry which would be
conducted by the third respondent by furnishing all the
documents in their possession to prove their right,
either title or possession.”
9. There are serious proceedings pending in respect of the subject
property and on the previous occasion, 145 proceeding was initiated which has
been challenged in the writ petition in W.P.No.37889 of 2016, before this
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Court. While disposing of the writ petition, at paragraph No.19, this Court has
held as follows:-
“As directed by the fourth respondent, all the
parties are directed to approach the concerned Civil
Court for appropriate relief for their respective title over
the property. The fifth respondent is also directed to
issue patta to the petitioner subject to the result of the
judgment and decree in the suits filed by the respective
parties.
10. In view of the above backdrop, this Court is of the view that while
deciding the issue as to whether the petitioner is entitled for service connection
or not is a matter to be looked into by the third respondent. Merely because
electricity connection was given on the basis of possession of the fourth
respondent and also the name holder in all the documents, she cannot pinprick
the situation, taking advantage of the impugned order. The said issue has to be
decided only before the competent Civil Court. In the event, the petitioners
establish their rights before the Civil Court, they can seek disconnection.
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12. With the above direction, this writ petition is disposed of. No costs.
Consequently, the connected Miscellaneous Petition is closed.
1/11/2022
Index : Yes / No Internet: Yes Speaking/non speaking order
mvs.
To
1. The Chairman & Managing Director TANGEDCO No.144 Anna Salai Chennai 2.
2. The Chief Financial Controller (Revenue) TANGEDCO 144 Anna Salai Chennai 2.
3. The Superintending Engineer Dindigul Electricity Distribution Circle TANGEDCO Dindigul.
4. The Superintending Engineer Udumalpet Electricity Distribution Circle TANGEDCO Udumalpet.
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N. SATHISH KUMAR, J
mvs.
W.P.No.33598 of 2017
1/11/2022
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