Madras High Court
R.Selvapandian vs Tamil Nadu Generation And ... on 24 April, 2023
W.P.No.3813 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.3813 of 2023
R.Selvapandian
Represented by its Power of Attorney Agent
Ramaswamy ... Petitioner
Vs
1.Tamil Nadu Generation and Distribution
Corporation Limited,
Represented by its Chairman,
6th Floor, TANTRANSCO Building,
144, Anna Salai,
Chennai-600 002.
2.Assistant Engineer,
Tamil Nadu Electricity Board,
Tamil Nadu Electricity Board Office,
Sivan Koil St, Ganga Nagar,
Trustpuram, Kodambakkam,
Chennai-600 024.
3.The Commissioner,
Corporation of Chennai,
Rippon Buildings,
EVR Salai,
Chennai-600 003.
4.Balasubramanian ... Respondents
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W.P.No.3813 of 2023
PRAYER : Petition filed under Article 226 of the Constitution of India
praying to issue Writ of Mandamus or any other Writ or Order or Direction in
the nature of Writ, directing the first and second respondent to disconnect the
electricity service provided to the premises in Flat No.C5, at No.1 of 2016,
Vannarapathai, Kodambakkam, Chennai-600 024.
For Petitioner ... Mr.R.N.Amarnath
For Respondents ... M/s.Revathi
for Mr.L.Jai Venkatesh
Standing Counsel
for Respondents 1 and 2
... Mr.S.Sadhasharam
for R4
ORDER
This Writ Petition has been filed for a direction to the first and second
respondent to disconnect the electricity service connection provided to the
premises in Flat No.C5, at No.1 of 2016, Vannarapathai, Kodambakkam,
Chennai-600 024.
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W.P.No.3813 of 2023
2. It is the case of the petitioner that alleging the unauthorized
construction put up by the 4th respondent in the subject property, the petitioner
has filed a suit in O.S.No.3272 of 2008 on the file of the V Assistant City Civil
Court, Chennai seeking removal of unauthorized construction and the suit was
decreed in favour of the petitioner which was confirmed by the Appellate Court
in A.S.No.55 of 2016. The said judgment was also confirmed by this Court in
S.A.No.249 of 2020. In addition to the unauthorized construction, the 4 th
respondent has obtained the electricity service connection in the said property.
Since, no steps were taken by the 4th respondent, to remove the unauthorized
construction, the petitioner, having enclosed all the above judgements, has
made a representation dated 08.07.2022 to the 2nd respondent seeking to
disconnect the electricity service connection provided in the said property.
However, till date, no action has been taken on the same. Hence, the petitioner
has filed this Writ Petition.
3. When the matter is taken up for hearing, learned counsel for the 4 th
respondent has filed an affidavit undertaking to demolish and remove the
illegal structure put up in the subject property. The affidavit of the 4th
respondent is extracted here as under:-
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W.P.No.3813 of 2023
“ AFFIDAVIT OF BALASUBRAMANIAN
I, Balasubramanian, S/o Late
Soundarapandian, Hindu, aged about 55 years,
Basement of kumaran apartments No.1/16,
Vannarpathai, Kodambakkam, Chennai-600 024,
do hereby solemly affirm and sincerely state as
follows:-
1. I am the 4th Respondent herein and as
such I am well acquainted with the facts of this
case.
2. I submit that I am suffering a decree for
Mandatory Injunction to demolish and remove the
illegal structure under my occupation in the
Basement Floor in Premises bearing Door
No.1/16, Vannarapathai, Kodambakkam, Chennai-
600024 passed in O.S.No.3272 of 2008 on the file
of the V Asst Judge City Civil Court at Chennai.
3. I undertake to demolish and remove the
structure in the basement floor in the suit property
in O.S.No.3272 of 2008 on or before 30th June
2023 at my own cost and expenditure.”
4. Recording the same, this Writ Petition stands closed. It is made
clear that the affidavit of the 4th respondent shall form a part and parcel of the
records. There shall be no order as to costs.
24.04.2023
Index:Yes/No
Internet:Yes
NHS
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W.P.No.3813 of 2023
To
1.Tamil Nadu Generation and Distribution
Corporation Limited,
Represented by its Chairman,
6th Floor, TANTRANSCO Building,
144, Anna Salai,
Chennai-600 002.
2.Assistant Engineer,
Tamil Nadu Electricity Board,
Tamil Nadu Electricity Board Office,
Sivan Koil St, Ganga Nagar,
Trustpuram, Kodambakkam,
Chennai-600 024.
3.The Commissioner,
Corporation of Chennai,
Rippon Buildings,
EVR Salai,
Chennai-600 003.
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W.P.No.3813 of 2023
M.DHANDAPANI, J
NHS
W.P.No.3813 of 2023
24.04.2023
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