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ANITA SUMANTH
Rajesh Das – Appellant
Versus
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) – Respondent
ORDER :
Anita Sumanth, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st to 5th respondents not to disrupt the power supply to the petitioner’s residence at DG Gardens, Koman Nagar, Thaiyur, Kelambakkam, Chennai – 600 103 in respect of service connection no.09577010390 as long as the energy consumption charges are duly paid.
The petitioner seeks a mandamus directing the 1st to 5th respondents not to disrupt the power supply to the property at DG Gardens, Koman Nagar, Thaiyur, Kelambakkam, Chennai – 600 103, in respect of service connection No.09577010390, referred to hereinafter as ‘service connection’, as long as the energy consumption charges are duly paid. The address for the aforesaid property has elsewhere been stated to be DG Gardens, No.46, Thaiyur Village, Chengalpet Taluk, Old Kancheepuram District, now Chengalpet District and hence this property, represented by the addresses as aforesaid, shall hereinafter be referred to as ‘property/property in question’.
2. I have heard the detailed submissions of Mr.V.Prakash, learned Senior Counsel appearing for Mr.S.Gokul, learned counsel for the petitioner
Only lawful occupiers are entitled to electricity supply under Section 43 of the Electricity Act, and the petitioner failed to prove his legal occupancy.
Electricity cannot be denied based on ownership disputes; distribution licensees have a statutory duty to supply electricity upon valid application irrespective of ongoing eviction proceedings.
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
An occupier in lawful possession of premises is entitled to seek electricity connection under Section 43 of the Electricity Act, 2003, despite ongoing property ownership disputes.
It is clear that documents, which are referred to in the said clause, shall be considered as acceptable as proof of ownership or occupancy of the premises. The petitioner has produced the latest muni....
Electricity connection cannot be granted without considering the objection of the person claiming ownership of the property, as it violates the principles of natural justice.
A party must demonstrate lawful ownership or possession to obtain electricity connections; pending civil disputes cannot be overlooked by administrative authorities in granting such connections.
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