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2013 Supreme(Mad) 2360

HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN, J.
J. Jayabals
Versus
Junior Electricity Engineer Tamil Nadu Electricity Board Chennai Distribution Circle (North), Chennai & Another
Writ Petition No.26374 of 2011
Decided on : 10-07-2013

Advocates appeared:
For the Petitioner:K. Mathan, Advocate.
For the Respondents:R1, G. Vasudevan, R2, R. Manickavel, Advocates.

The court's decision was influenced by the petitioner's claim of lawful occupation and possession of the ancestral property, leading to the direction to consider and grant temporary electricity service connection.

Headnote:

Ancestral Property - Temporary Electricity Service Connection - The court directed the first respondent to consider the representation of the petitioner and grant temporary electricity service connection if satisfied with petitioner's lawful occupation and possession of the property.

Fact of the Case:

The petitioner claimed entitlement to a share in an ancestral property and sought temporary electricity service connection. The second respondent claimed that the property had been settled in his favor by his mother.

Finding of the Court:

The court directed the first respondent to consider the petitioner's representation and grant temporary electricity service connection if satisfied with petitioner's lawful occupation and possession of the property.

Issues: Dispute over ancestral property entitlement and temporary electricity service connection.

Ratio Decidendi: The court's decision was based on the petitioner's claim of lawful occupation and possession of the property, and the direction to the first respondent to consider the representation and grant temporary electricity service connection if satisfied.

Final Decision: The writ petition was ordered in favor of the petitioner, with the court directing the first respondent to consider the representation and grant temporary electricity service connection if satisfied with petitioner's lawful occupation and possession of the property.

JUDGMENT :-

1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents.

2. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner and his family members are residing at New No.6, Old No.16/2, S.S.V. Koil Street, Perambur, Chennai – 600 011. Since, the property in question is an ancestral property, the petitioner is entitled to a share in the said property. It has been further stated that the second respondent is the brother of the petitioner. The suit filed by the second respondent, in O.S.No.5475 of 2008, praying for permanent injunction against the petitioner, had been dismissed, on 7.11.2012. However, the learned counsel appearing on behalf of the second respondent had stated that against the judgment and decree, dated 7.11.2012, made in O.S.No.5475 of 2008, an appeal in A.S.No.17 of 2013, had been filed.

3. The learned counsel appearing on behalf of the second respondent had further stated that the petitioner is not living at New No.6, Old No.16/2, S.S.V.Koil Street, Perambur, Chennai – 600 011. In fact, the petitioner and his family members are living elsewhere. He had further stated that the property in question had been settled in his favour by his mother, Kaliammal, wife of Late Jayaseelan, by way of Registered Deed of Settlement, dated 23.1.1986. Therefore, the petitioner has no right to claim title, in respect of the property in question.

4. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the second respondent, this Court finds it appropriate to direct the first respondent to consider the representation of the petitioner, dated 12.9.2011, and pass appropriate orders thereon, taking into consideration the documents, filed by the petitioner to show that he is residing at New No.6, Old No.16/2, S.S.V. Koil Street, Perambur, Chennai – 600 011. If the first respondent is satisfied that the petitioner is in lawful occupation and possession of the property in question, an order may be passed, granting temporary electricity service connection, under Regulation 27(4) of the Tamil Nadu Electricity Distribution Code, 2004, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that, if such temporary electricity service connection is granted in favour of the petitioner, it would not vest any additional right in favour of the petitioner in the property in question. The writ petition is ordered accordingly. No costs.


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