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2022 Supreme(Mad) 271

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, J.
K. Mala – Petitioner
Versus
The Chairman-cum-Managing Director (CMD), M/s. Tangedco, Chennai & Others – Respondents
W.P. No. 1707 of 2022 & WMP No. 1851 of 2022
Decided On : 08-02-2022

Appearing Advocates
For the Petitioner:P. Balamurugan, Advocate.
For the Respondent:Keerthana Shenoi, Advocate, L. Jai Venkatesh, Standing Counsel.

Headnote:

Constitution of India,1950 - Article 226 - Civil Suit – Admission - Issue a Writ of Mandamus - Petitioner seeks a mandamus directing official respondents being the Chairman cum Managing Director and Assistant Engineer Tamil Nadu Electricity Generation and Distribution Corporation Limited to restore electricity connections - Counsel on behalf of learned Standing Counsel accepts notice for R1 and R2 and is armed with instructions to proceed with the matter finally - In the light of order that is proposed to be passed in this Writ Petition no notice is thought necessary qua private respondents – Hence by consent of both sides in fact at request of learned counsel for petitioner and Standing Counsel for this Writ Petition is disposed finally even at stage of admission - Held, This is denied by learned counsel for petitioner stating that service connections in stood in name of petitioner and it was only at instance of R3 and erroneously that same have been transferred to name of R3 pending disposal of Civil Suit - Since there are several disputed at play and seeing as petitioner has made a representation seeking same relief as has been made before me now it would be appropriate to direct official respondent, i.e., Assistant Engineer/R2 to dispose representation of petitioner dated after hearing petitioner as well as private respondents and pass orders in regard to restoration of electricity service connections in property in question in accordance with law and applicable Rules and Regulations - Writ Petition is disposed.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to restore the electricity connection with regard to 1. 095380032236 2. 095380031074 3. 095380031186 4. 095380031187 5. 095380031748 6. 095380031913 7. 095380031914 8. 095380031915 9. 095380031916 10. 095380031917 11. 095380031918 to the petitioners property at No. 204 Thirumangai-Alwar street Sriperumbudur town Sriperumbudur Taluk and Registration Circle Kancheepuram District based on the Petitioners representation dated 30.12.2021 and mutate the petitioner name in the above said connections.)

1. Ms.Keerthana Shenoi, learned counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for R1 and R2 and is armed with instructions to proceed with the matter finally. In the light of order that is proposed to be passed in this Writ Petition, no notice is thought necessary qua private respondents, i.e., R3 to R5. Hence, by consent of both sides, in fact at request of learned counsel for the petitioner and the learned Standing Counsel for R1 and R2, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner seeks a mandamus directing the official respondents, i.e., R1 and R2, being the Chairman cum Managing Director, and Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Limited (Tangedco) to restore the electricity connections 1. 095380032236 2. 095380031074 3. 095380031186 4. 095380031187 5. 095380031748 6. 095380031913 7. 095380031914 8. 095380031915 9. 095380031916 10. 095380031917 11. 095380031918 in petitioner’s property at No.204, Thirmangai-Alwar Street, Sriperumbudur Town, Sripermbudur Taluk and Registration Circle, Kancheepuram District..

3. Clearly there is a dispute with regard to the title to the property to an extent of 1360 sq,ft, located in Gramanatham S.No.835/1B/1B/1 (New Survey No.1774/12A as per patta No.1751), comprising ground + two floors measuring 1000 sq.ft., each, totalling 3000 sq.ft. at No.42, Sriperumbudur Village, Thirumangai -Alwar Street, Kancheepuram District (property in question).

4. While the petitioner’s submission is that the dispute is pending resolution in O.S.No.183 of 2021 on the file of the District Court, Kancheepuram, it appears that R3, being one S.Murugan, has made a representation on 24.12.2021, on the basis of which the official respondents have temporarily disconnected the service connections as aforesaid.

5. It was the submission of R3 before the authorities that the service connection stood in his name and he sought temporary disconnection on account of certain renovation works. These submissions are made by Ms.Keerthana, learned Standing Counsel for official respondents in the course of hearing today.

6. However, this is denied by the learned counsel for the petitioner stating that service connections, in fact, stood in the name of the petitioner and it was only at the instance of R3, and erroneously, that the same have been transferred to the name of R3 pending disposal of the Civil Suit.

7. Since there are several disputed facts at play, and seeing as the petitioner has made a representation dated 30.12.2021 seeking the same relief as has been made before me now, it would be appropriate to direct the official respondent, i.e., the Assistant Engineer/R2 to dispose the representation of the petitioner dated 30.12.2021 after hearing the petitioner as well as the private respondents and pass orders in regard to the restoration of electricity service connections in the property in question, in accordance with law and applicable Rules and Regulations.

8. This exercise shall be completed within a period of four (4) weeks from today. It is made clear that this order shall not stand in the way of the parties pursuing the Civil Suit in accordance with law.

9. This Writ Petition is disposed in the aforesaid terms. No costs. Connected Miscellaneous Petition is closed.

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