Madras High Court
M.M.Paulraj vs The Assistant Engineer (Distribution) on 3 January, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.16822 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.16822 of 2015
M.M.Paulraj ... Petitioner
Vs
The Assistant Engineer (Distribution),
Tamilnadu Generation of Electricity and Distribution Corporation,
Kulathur Division,
Tuticorin District. ...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Certiorarified
Mandamus, to call for the records pertaining to the impugned letter
issued by the respondent in Lr.No.ckpbgh/tpep/Fsj;jhu;/Bfh.fl;L/m.vz;.
410/15, dated 02.09.2015 and quash the same and consequently
directing the respondent to provide electricity supply to the
residential house of the petitioner at Door No.2/319-5 of Kulathoor
Main road, Kulathoor, Vilathikulam Taluk, Tuticorin District by
receiving the prescribed fees.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16822 of 2015
For Petitioner : Mr.C.M.Arumugam
For Respondent : Mr.S.Deenadhayalan
Standing Counsel
ORDER
The petitioner claims that he is the owner of the property
in S.No.486/5 (old S.No.214/1), to an extent of 2214 sq.ft at
Kulathoor South Village, Vilathikulam Taluk, Tuticorin District. The
petitioner has put up a tin shed and has applied for an electricity
service connection to the respondent Corporation. However, the
same was not effected in view of the objection raised by one
Maragathavalli, W/o, Chelladurai along with her legal heirs that they
are also having right over the subject property. The petitioner claims
that he has purchased this property by way of a registered document
No.88/1995, dated 23.01.1995. He has also produced the document
before the respondent for his possession. However, by the order
impugned in this writ petition, the respondent has directed the
petitioner to approach the competent civil Court and establish his
rights. Aggrieved over that, the present writ petition is filed.
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2.The learned counsel appearing for the petitioner
submits that this petitioner has filed a suit in O.S.No.150 of 2015
before the Sub Court, Kovilpatti and now obtained a decree in his
favour. Therefore, the respondent Board has to necessarily provide
electricity service connection to the petitioner's property.
3. The learned standing counsel appearing for the
respondent Board submits that the legal heirs of one Chelladurai are
also claiming right and title over the subject property and they have
executed a sale deed in favour of the third party. Until and otherwise,
a suitable decree has been granted in favour of this petitioner or
others, the respondent Board is not supposed to grant electricity
service connection as required by this petitioner.
4.This Court considered the rival submissions made and
also perused the materials placed on record.
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5.The petitioner claims that he is the owner of the
subject property and he has obtained a decree from the competent
civil Court for the subject property in O.S.No.150/2015. Therefore,
this writ petition is disposed of with a liberty to this petitioner to
approach the respondent Board along with a copy of the judgment
and decree in O.S.No.150/2015 within a period of two weeks from
the date of receipt of a copy of this order. The respondent shall
decide the issue after issuing a notice to the other claimants, if any,
for the subject property and ascertain as to whether any appeal is
preferred upon the decree in O.S.No.150 of 2015 and to pass
suitable orders, within a period of twelve weeks from thereon. No
costs.
03.01.2024
NCC: Yes/No
Index:Yes/No
Internet:Yes
vrn
https://www.mhc.tn.gov.in/judis
To
The Assistant Engineer (Distribution),
Tamilnadu Generation of Electricity and Distribution Corporation,
Kulathur Division,
Tuticorin District.
https://www.mhc.tn.gov.in/judis
B.PUGALENDHI, J.
vrn
Order made in
03.01.2024
https://www.mhc.tn.gov.in/judis
