Madras High Court
S.Selvaraj vs S.Kamakshi on 19 June, 2023
W.A.No.1105 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1105 of 2023
S.Selvaraj .. Appellant
Vs
1.S.Kamakshi
2.The Assistant Engineer,
Chennai Electricity Distribution South,
Thoraipakkam, Chennai-600 097. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order of the learned Single Judge dated 5.4.2023 in W.P.No.7259 of
2023.
For the Appellant : Mr.D.Nandhagopal
For the Respondents : Mr.E.Kotteeswaran
for respondent No.1
: Mr.L.Jai Venkatesh
Standing Counsel
for respondent No.2
Page 1 of 6
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W.A.No.1105 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.D.Nandhagopal, learned counsel for the
appellant; Mr.E.Kotteeswaran, learned counsel for the first
respondent and Mr.L. Jai Venkatesh, learned Standing Counsel for
the second respondent.
2. The present appellant is respondent No.2 in the writ
petition. The first respondent filed the writ petition seeking a
direction to disconnect the temporary connection given to the
present appellant on 1.7.2022.
3. It is the submission of learned counsel for the appellant
that he had purchased the property on 26.6.2013 under a
registered sale deed. The same is for an area admeasuring an
extent of 700 square feet in Survey No. 706/1A1A1 out of old
Survey No.706/1. The temporary connection was given after
following proper procedure. The learned Single Judge did not
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W.A.No.1105 of 2023
consider the same.
4. Learned counsel for the original writ petitioner/respondent
No.1 submits that the first respondent had purchased the property
to an area admeasuring an extent of 3010.5 square feet under a
registered sale deed executed in the year 2015. The same is part
of Survey No.706/1. As dispute with regard to identification of the
property exists, respondent No.2 ought not to have given electricity
connection to the present appellant. The same is against the rules
and regulations. The learned Single Judge has rightly considered
the said aspect.
5. We have also heard learned counsel for the second
respondent.
6. It appears that the dispute between the original writ
petitioner and the first respondent is qua identification of the
property. The fact remains that the present appellant is a prior
purchaser in point of time and, that too, to the extent of 700 square
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W.A.No.1105 of 2023
feet. The first respondent herein is the subsequent purchaser. The
said aspect ought to have been considered by the learned Single
Judge while passing the impugned order.
7. If a dispute is raised by the present first respondent
regarding the identification of the property, it is for the first
respondent to get the same settled either by carrying out
measurement of the property and/or approaching the civil court.
8. Electricity is one of the basic amenities to be provided. The
same could not have been directed to be disconnected in a writ
jurisdiction. It would be appropriate for the subsequent purchaser
to raise a dispute with regard to the identity of the property. We
would have accepted the contention of the first respondent/original
writ petitioner had she been the prior purchaser, but that is not so.
9. In the light of above, the impugned order is quashed and
set aside. However, it is clarified that electricity connection to the
present appellant would be only to the extent of 700 square feet of
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W.A.No.1105 of 2023
the land. The first respondent can raise appropriate plea before
the appropriate forum and, in case, she proves a prima facie case
before the civil court or the competent authority, further orders can
be passed therein.
10. With these observations, the writ appeal is allowed. There
will be no order as to costs. Consequently, C.M.P.No.11186 of 2023
is closed.
(S.V.G., CJ.) (P.D.A., J.)
19.06.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
The Assistant Engineer,
Chennai Electricity Distribution South,
Thoraipakkam, Chennai-600 097.
https://www.mhc.tn.gov.in/judis
W.A.No.1105 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
W.A.No.1105 of 2023
19.06.2023
https://www.mhc.tn.gov.in/judis
