Citation : 2023 Latest Caselaw 5428 Mad
Judgement Date : 5 June, 2023
W.P.No.8679 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.8679 of 2020
and
WMP.No.10516 of 2020
G.Janaki ...Petitioner
Vs.
1. Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO),
Rep. by its Assistant Engineer,
No.72, Durgalaya Road,
Tiruvarur & District - 610 002.
2. Rajeswari ...Respondents
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus to direct the 1st respondent to give 3-phase
electricity connection to the petitioner premises, No.3/198, GRD Nagar,
Pavithramanickam, Ilavankargudi Village, Kudavasal Taluk and Thiruvarur
District in view of the judgment in W.P.No.31640/2010 (2014 (3) MLJ,
Page No.851, Murugan Vs. The Chairman, TNEB).
For Petitioner : Mr.P.Vijendran
For Respondents : Mr.L.Jaivenkatesh, for R1.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.8679 of 2020
ORDER
This Writ petition has been filed seeking direction to the 1st
respondent to give 3-phase electricity connection to the petitioner's premises
in No.3/198, GRD Nagar, Pavithramanickam, Ilavankargudi Village,
Kudavasal Taluk and Thiruvarur District, in view of the judgment made in
W.P.No.31640/2010.
2. Since no adverse order is being passed against the 2nd respondent,
notice to the 2nd respondent is dispensed with.
3. The case of the petitioner is that, she has purchased the House site
in the year 2001 and subsequently constructed a house in the same. While
so, as the petitioner faced some economic crunch, she pledged the above said
property with the 2nd respondent's husband and obtained a sum of
Rs.22,00,000/-. While such being the case, the 2nd respondent's husband
executed a sale deed in respect of the subject property in favour of his
wife/the 2nd respondent herein, vide Doc.No. 3332/2012 and subsequently,
transferred the patta and E.B connection in respect of the said property to
https://www.mhc.tn.gov.in/judis W.P.No.8679 of 2020
the 2nd respondent's name and the patta in respect of the disputed property
stands with joint name. Since the petitioner wants 3-phase connection
separately for her premises, she made a representation dated 05.05.2020
before the 1st respondent, however, till date no orders have been passed on
the same. Hence, this Writ petition.
4. Though very many grounds have been raised, learned counsel for
the petitioner submitted that, it would suffice, if this Court issues direction to
the 1st respondent to consider the petitioner's representation dated
05.05.2020 and to consequently give 3-phase electricity connection to the
petitioner's premises as expeditiously as possible.
5. Learned counsel appearing for the 1st respondent submitted that,
appropriate orders will be passed on the petitioner's representation dated
05.05.2020 within the time stipulated by this Court.
6. In view of the limited request made by the learned counsel for the
petitioner, this Court without expressing any opinion on the merits of the
case, directs the 1st respondent to consider the petitioner's representation
dated 05.05.2020 on merits and in accordance with law and pass
appropriate orders within a period of four weeks from the date of receipt of a
https://www.mhc.tn.gov.in/judis W.P.No.8679 of 2020
copy of this order, after affording an opportunity of personal hearing to the
petitioner and the 2nd respondent.
7. Accordingly, this Writ petition stands disposed of. No costs.
Consequently, connected Miscellaneous petition is closed.
05.06.2023
skt
NCC : Yes/ No
Speaking Order : Yes/ No
Index : Yes/ No
To
The Assistant Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), No.72, Durgalaya Road, Tiruvarur & District - 610 002.
https://www.mhc.tn.gov.in/judis W.P.No.8679 of 2020
M.DHANDAPANI., J.
skt
W.P.No.8679 of 2020 and WMP.No.10516 of 2020
https://www.mhc.tn.gov.in/judis W.P.No.8679 of 2020
05.06.2023
https://www.mhc.tn.gov.in/judis
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