Tripura High Court
Smt. Madhavi Biswas Chakraborty vs Tripura State Electricity Corporation ... on 5 March, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 828 of 2024
Smt. Madhavi Biswas Chakraborty .......... Petitioner
Vs.
Tripura State Electricity Corporation Limited (TSECL) and others
.......Respondents
For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. Samarjit Bhattacharjee, Advocate.
Mr. Kawsik Nath, Advocate.
Ms. Aradhita Debbarma, Advocate.
Mr. Dipjyoti Paul, Advocate.
For Respondent(s) : Mr. BN Majumder, Sr. Advocate.
Mr. Sagar Banik, Advocate.
Mr. Saikat Saha, Advocate.
Mr. Saugat Datta, Advocate.
Mr. Anirban Lodh, Advocate.
Date for hearing anddelivery
of judgment and order : 05.03.2025.
Whether fit for reporting : No.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT & ORDER (ORAL)
Heard learned counsel appearing for the parties.
[2] The present writ petition is filed by the petitioner seeking
following reliefs:
"i. Issue Rule upon the Respondents to show cause as to why a
writ in the nature of Mandamus and/or order/orders, direction/
directions of like nature shall not be issued whereby directing the
Respondents to restore the Electricity Connection (Consumer ID
100130110966) or issue a Fresh Electricity Connection in the name of
the Petitioner at her matrimonial residence at Jogendranagar, West
Tripura under Jogendranagar Electrical Sub-division, Agartala.
ii. Call for the records pertaining to the instant Writ Petition from
the custody of the Respondents.
iii. Make the Rules absolute after hearing the Parties
And
Pass any other order/orders as this Hon'ble High Court may consider
fit and proper........"
[3] It is contended on behalf of the respondent No.4 namely
Sri Kajal Chakraborty i.e. the father in-law of the petitioner that he is
not the necessary party to the instant proceeding as he already
transferred the said land to his younger son namely Sri Kishore
Chakraborty by executing a gift deed and he has no interest in the
property and the litigation. It is therefore prayed to close the instant
case against the respondent No.4.
[4] The request made on behalf of respondent No.4 is
considered and the case is hereby dismissed against the said
respondent.
[5] Insofar as the official respondent, TSECL department is
concerned, they are before this Court by way of filing an application
being IA 03 of 2025 in WP (C) 828 of 2024 for vacation of the interim
order dated 09.01.2025 passed by this Court in I.A. No.02 of 2025 in
W.P(C) No.828 of 2024 whereby, the TSECL department was directed to
restore the electricity connection of the petitioner as an interim
arrangement with an observation that the petitioner would continue to
pay the electricity bills regularly. Mr. BN Majumder, learned senior
counsel drawn the attention of this Court to Clause- 4.19 of the
Notification of Electricity Supply Code Regulation-2011 prevailing in the
State of Tripura indicating that if the petitioner satisfies the
requirements made thereunder, reconnection of electricity can be
provided.
[6] Mr. D. Paul, learned counsel appearing for the petitioner
submits that because of their family disputes which are pending, the
petitioner has been put to harassment and hardship by her family
members involving the TSECL department in the said disputes. He
submits that, there are no electric bills due and the petitioner is paying
bills regularly and promptly. The said fact has not been disputed by the
official respondents No.1 to 3 of the TSECL Department.
[7] In view of the above peculiar circumstances of the case,
this Court feels that for the family dispute, causing any inconvenience
and hardship to a helpless lady, the petitioner herein in order to take
vengeance against her by her family members applying any untoward
method, cannot be appreciated as it is always open for the interested
parties to avail remedies before the competent authority seeking any
relief in accordance with law. Thus, the TSECL department is directed to
provide electricity supply to the petitioner forthwith.
With the above observation and direction, the present writ
petition is allowed and hereby the same is disposed of. The IA
application for vacation of the interim order dated 09.01.2025 passed
by this Court in I.A. No.02 of 2025 in W.P(C) No.828 of 2024 is
dismissed.
As a sequel, miscellaneous application(s) pending, if any,
shall also stand closed.
JUDGE
Sabyasachi G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2025.03.07 18:14:39 +05'30'
