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G.Janaki vs Tamil Nadu Generation And ...
2023 Latest Caselaw 5428 Mad

Citation : 2023 Latest Caselaw 5428 Mad
Judgement Date : 5 June, 2023

Madras High Court
G.Janaki vs Tamil Nadu Generation And ... on 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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