Citation : 2025 Latest Caselaw 2764 Mad
Judgement Date : 13 February, 2025
2025:MHC:425
W.A.No.409 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.No.409 of 2025
K.Girijaammal .. Appellant
v.
1. The Chairman
TANGEDCO Limited
144, Anna salai
Chennai 600 002
2. The Executive Engineer (O & M)
Mylapore Revenue Branch (TNEB)
No.97, Dr.M.G.R.Salai
Nungambakkam
(Nearby) Valluvarkottam
Chennai 600 034 .. Respondents
Memorandum of Grounds of Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 19.01.2022 passed in W.P.No.11510
of 2021.
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W.A.No.409 of 2025
For Appellant :: Mrs.K.Girijaammal/Party-in-Person
For Respondents :: Mr.A.Selvendran
Special Government Pleader
assisted by Mr.L.Jaivenkatesh
Standing Counsel for R1 & R2
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)
Considering the nature of relief sought for by the appellant/party-in-
person to provide electricity service connection to her residential building,
accepting the reasons stated by the appellant in the affidavits,
C.M.P.Nos.3402, 3403 & 3405 of 2025 seeking to condone the delay of
309 days in representation; to condone the delay of 197 days in paying the
Court fee; to condone the delay of 927 days in filing the appeal respectively,
are ordered.
2. The writ appeal has been directed against the order of the learned
single Judge passed in W.P.No.11510 of 2021 dated 19.01.2022. The writ
petitioner is the appellant before this Court. The relief sought for in the
writ petition is to direct the Tamil Nadu Generation and Distribution
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Corporation Limited (TANGEDCO) to provide fresh electricity service
connection to the appellant's residential building at Door No.198,
Venkatachala Mudali Street, Royapettah, Chennai 600 014.
3. The appellant, appearing in person, would submit that the writ
Court has not considered her claim on merits. Contrarily, liberty was
granted to the appellant to establish her title before the second respondent
along with the copy of application within a period of two weeks from the
date of receipt of a copy of the order. The appellant would submit that she
inherited the subject property from her mother late J.Babyammal. Her blood
brother is also in occupation of a portion of the building. When she
inherited the property from her mother, she need not establish her title
before the TANGEDCO authorities. Since there is no title dispute exists, the
TANGEDCO authorities are unnecessarily asking the appellant to produce
documents to establish her title.
4. This Court is of the considered opinion that even in case of a
dispute, the TANGEDCO authorities are empowered to provide electricity
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service connection under Regulation 27(4) of the Electricity Distribution
Supply Code.
5. Mr.A.Selvendran, learned Special Government Pleader appearing
on behalf of the respondents, on instructions, would submit that considering
the appellant's position as a senior citizen, the authorities would provide all
necessary assistance to her to secure the electricity service connection after
executing an indemnity bond and without insisting for production of title
deed.
6. In view of the fair submission made by the learned Special
Government Pleader, a direction is issued to the TANGEDCO authorities to
receive application and provide electricity service connection to the
appellant's residential building immediately without causing any delay. The
appellant is directed to submit an application along with the indemnity bond
and shall also pay the necessary charges as per the rules in force, enabling
the TANGEDCO authorities to effect the electricity service connection as
directed in this order. Swift action by the learned Special Government
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Pleader to secure instructions in the matter deserves appreciation from the
hands of this Court.
7. With the above direction, the order passed in the writ petition is set
aside and the writ appeal stands allowed. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.)
Neutral citation : yes 13.02.2025
ss
To
1. The Chairman
TANGEDCO Limited
144, Anna salai
Chennai 600 002
2. The Executive Engineer (O & M)
Mylapore Revenue Branch (TNEB)
No.97, Dr.M.G.R.Salai
Nungambakkam
(Nearby) Valluvarkottam
Chennai 600 034
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https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
ss
13.02.2025
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https://www.mhc.tn.gov.in/judis
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