Hakkim Mulla vs The Superintending Engineer
2023 Latest Caselaw 14188 Mad

                                                  W.P.(MD) No.14357 of 2021


   BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                          DATED : 06.11.2023

                                 CORAM

       THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                     W.P.(MD) No.14357 of 2021
                               and
                    W.M.P.(MD) No.11301 of 2021

Hakkim Mulla                                             ... Petitioner

                                   Vs.

1.The Superintending Engineer,
  Tamil Nadu Electricity Generation and
      Distribution Corporation, (TANGEDCO),
  Pudukottai, Pudukottai District.

2.The Executive Engineer,
  Operation & Maintenance,
  Tamil Nadu Electricity Generation and
      Distribution Corporation, (TANGEDCO),
  Pudukottai Sub-Station, Pudukottai District.

3.The Assistant Engineer,
  Operation and Maintenance,
  Tamil Nadu Electricity Generation and
      Distribution Corporation, (TANGEDCO),
  Pudukottai Sub-Station, Pudukottai District.

4.Baskar                                                 ... Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the first to third

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Page No. 1 of 7
                                                  W.P.(MD) No.14357 of 2021

respondents to disconnect electricity service connection No.116-005-486
to the House situated in Sy.No.142/5A at Moottampatti Village, Kulathur
Taluk, Pudukottai District within the time fixed by this Court.

             For Petitioner     : Mr.S.Ramesh

             For R1 to R3       : Mr.S.Deenadhayalan
                                  Standing Counsel

                                ORDER

This Writ Petition has been filed for issuance of a Writ of

Mandamus directing the first to third respondents to disconnect the

electricity connection that was given to the fourth respondent, by

considering the representation made by the petitioner in this regard.

2. The third respondent has filed the counter affidavit and has taken

the following stand:-

3. I respectfully submit that the 4th respondent has submitted an application for domestic electricity service connection in Survey No.142/5A, at D.No. 3/391, Mootampatti Village, Vaithur Post, Kulathur Taluk, Pudukottai District dated 07.09.2020. Thereafter, the 4th respondent filed writ petition in W.P.(MD) No.16880 of 2020 on the file of Madurai Bench of Madras High Court, Madurai seeking Mandamus directing respondent to provide domestic electricity supply.

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W.P.(MD) No.14357 of 2021

4. I respectfully submit that the 3rd respondent not filed counter affidavit in W.P.(MD) No.16880 of 2020. After hearing both sides, this Honourable Court was pleased to dispose writ petition. The relevant portion culled out as under:

“6. For the foregoing reasons, this Court directs the third respondent to consider the petitioner's application dated 07.09.2020 seeking for grant of electricity service connection to his house situated in Survey No. 142/5A at D.No.3/391, Mootampatti Village, Vaithur Post, Kulathur Taluk, Pudukkottai District and pass final orders on merits and in accordance with law, after hearing necessary parties including Mr.Ravuthar, who is claiming right over the same property, within a period of eight (8) weeks from the date of receipt of a copy of this order.”

5. I respectfully submit that thereafter, 3rd respondent seeking legal opinion and the same was given on 04.04.2021. Based upon, this 3rd respondent conducted enquiry and passed detailed order 07.04.2021 stating that rejecting the 4th respondent based upon objection from the petitioner. Thereafter, 4th respondent again submitted online application on 09.06.2021. The 3rd respondent sought clarification from the higher officials. The 3rd respondent has provided.

6. electricity based upon Section 43 of Electricity Act, 2003 read with regulation 27(4) of the Tamil Nadu Electricity Distribution Code 2004. The relevant portion culled out as under:

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W.P.(MD) No.14357 of 2021

“(4) that an intending consumer, who is in lawful occupation can apply to the electricity board with the consent of the land lord, for supply of electricity, in case if the owner refused to given consent letter or he is not in station, the consumer shall produce a proof that he is in lawful occupation of the premises and also execute an indemnity bond in form of the Annexture III of this code indemnifying the electricity board against any loss and amount of disputes arising out of effecting service connection”

7. I respectfully submit that 3rd respondent has provided electricity service connection after obtaining Indemnity Bond and twice rate of deposit electricity service connection No.116-005-485 dated 02.08.2021 under tariff IA.

3. The specific case of the petitioner is that the fourth respondent

has encroached upon the property belonging to the petitioner and has

managed to put up a construction and obtained service connection

illegally. The Electricity Department has given service connection to the

fourth respondent by getting Indemnity Bond from him.

4. It is also brought to the notice of this Court that the petitioner

had already initiated civil proceedings against the fourth respondent for

eviction from the subject property. There is no use in merely directing the

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W.P.(MD) No.14357 of 2021

disconnection of electricity connection when the fact remains that the

fourth respondent is in occupation of the property. Therefore, the parties

must be directed to agitate their rights before the competent civil court

and depending upon the result in the suit, further action can be taken by

the Electricity Department.

5. At this juncture, it is made clear that just because a service

connection was given to the fourth respondent, that does not give any

right to him and the fourth respondent has to necessarily establish his

rights independently in the pending civil proceedings. Therefore, the

service connection that was given in favour of the fourth respondent

cannot be put against the petitioner in the pending suit. This clarity will

certainty take care of the vital interest of the petitioner.

6. The relief sought for by the petitioner cannot be granted by this

Court at this point of time and the parties will have necessarily await the

final judgment in the civil proceedings. Depending upon the same, the

Electricity Department will decide on the continuation or otherwise of the

service connection that was given to the fourth respondent.

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W.P.(MD) No.14357 of 2021

7. This Writ Petition is disposed of with the above observation. No

cost. Consequently, connected Miscellaneous Petition is closed.

06.11.2023 Index: Yes/ No Neutral Citation: Yes / No Speaking order / Non-Speaking order JEN

To

1.The Sub Registrar, Office of the Sub Registrar, Annavasal, Pudukottai District.

2.The Secretary, MM 575, Nallur Primary Agriculture Co-operative Credit Society, Nallur, Ponnamaravathi Taluk, Pudukottai District.

3.The Secretary, Ponamaravathi Co-operative Primary Agriculture and Rural Development Bank (D.R.L. (T) 6), Ponnamaravathi, Pudukottai District.

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W.P.(MD) No.14357 of 2021

N.ANAND VENKATESH, J.

JEN

W.P.(MD) No.14357 of 2021 and W.M.P.(MD) No.11301 of 2021

06.11.2023

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