ORDER

The petitioner has filed this writ petition seeking a mandamus to the first respondent to cancel the electricity service connection bearing No.01028028186 in respect of the property in Survey No.113/3D, Plot No.140, Balakrishnan Street, Nehru Nagar, Erukanchery, Chennai – 600 118 and for a consequential direction to grant service connection in his name, in respect of the said property.

2.According to the petitioner, he is the absolute owner of the subject property and he purchased the same through a registered document in Doc.No.936 of 2009, registered before the Sub-Registrar, Sembium, dated 17.02.2009. The tax assessment made by the Chennai Corporation is in his name and he is paying the property tax and water sewerage tax in respect of the said property. According to him, he entered into a construction agreement with the third respondent for construction of flats in his property. There was a dispute between him and the third respondent in respect of the construction agreement and therefore, he has filed a suit as against the third respondent before the XVIII Assistant City Civil Court, Chennai, in O.S.No.5688 of 2009. The fourth respondent is the Counsel on record for the third respondent in the said suit.

3.The case of the petitioner is that pending the suit, the Builder / third respondent and his Advocate / fourth respondent trespassed into his property with the help of rowdy elements and forcibly took possession of the property. In this regard, the petitioner has lodged a complaint before the Commissioner of Police and the same was forwarded to Kodungaiyur Police Station for necessary action. However, the Kodungaiyur Police refused to take action and advised the petitioner to approach the civil Court. Thereafter, the petitioner has impleaded the fourth respondent and his wife / the second respondent herein as parties to the suit filed by him in O.S.No.5688 of 2009.

4.The grievance of the petitioner is that in the meantime, the second respondent / wife of the fourth respondent applied for permanent service connection in her name, as if she is the tenant of the said property through a lease deed executed by the third respondent in her favour on 10.06.2009. The second respondent has also filed a writ petition before this Court in W.P.No.2257 of 2018 for a mandamus to the Electricity Board to effect the service connection in her name. This Court, by order dated 06.08.2018, directed the Electricity Board to consider the application of the second respondent for electricity service connection, if she is in legal occupation. However, the Electricity Board, without ascertaining as to whether the second respondent is in legal occupation, has disconnected the temporary connection granted in favour of the petitioner and has effected permanent service connection in the name of the second respondent. Aggrieved over the same, the petitioner has moved the instant writ petition.

5.Learned Counsel appearing for the petitioner submitted that pending this issue, the petitioner has also lodged a complaint before the Bar Council of Tamil Nadu and Puducherry as against the fourth respondent for attempting to grab his property by manipulating the documents. The said complaint was registered in DCC.No.303/2018 and placed before the Disciplinary Committee. The Disciplinary Committee XI, consisting of a Senior Advocate and two other Advocates, has considered and held that the lease deeds are fabricated and suspended the fourth respondent from practice for a period of two years, under Section 35(3) of the Advocates Act, 1961. Learned Counsel further expressed that for having taken the cause of the petitioner, he is now being targeted by the fourth respondent.

6.Learned Standing Counsel appearing for the first respondent / Tamil Nadu Electricity Board submitted that based on the orders of this Court in WP.No.2257 of 2018, they have sought for a legal opinion from the then Standing Counsel for the Tamil Nadu Electricity Board and the then Standing