IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16.11.2022 CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.Nos.11063 and 11154 of 2017 and W.M.P.Nos. 12006, 12007, 12085 to 12087 of 2017 C.K.Chitra ... Petitioner in both WPs Vs.

1.The Tamil Nadu Generation &

Distribution Limited Rep. by Its Chairman and Managing Director NPKRR Maaligai, No.144 Anna Salai, Chennai 600 002

2.The Assistant Engineer Operation & Maintenance Tamil Nadu Power Generation and Distribution Corporation, Edapadi Town Salem District

3.C.Iravanan ... Respondents in WP.11063/2017

1.Additional Director Directorate of Municipal Administration Chepauk, Chennai- 1 2.The Commissioner Edapadi Municipality Salem District

3.C.Iravanan ... Respondents in WP.11154/2017 PRAYER in W.P.No.11063 of 2017: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records related to impugned order passed by the 2^nd respondent in his proceedings in KA.No.Asst.Eng/O and M/town/Edapadi/File/Complaint / A.No.030 dated 04.05.2015 and quash the same and consequently direct the 2^nd respondent to grant permanent electricity connection to the petitioner's house situated at S.No.287/6, Avaniperur Kilmugam Village, Edapadi Taluk, Salem District.

PRAYER in W.P.No.11154 of 2017: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records related to impugned order passed by the 2^nd respondent in his proceedings in N.Ka.No.1604/2015/A1 dated 14.08.2015 and quash the same and consequently direct the 2^nd respondent to levy the property tax under Tamilnadu Municipality Act, 1920 to the petitioner house situated in Survey No.287/6.

For Petitioner : Mr.J.Prakasam in both WPs For Respondents : Mr.M.Abul Dalam for R1 & R2 in WP.11063/2017 Mr.T.Saikrishnan for R3 For Respondents : Mrs.R.L.Karthika in WP.11063/2017 Govt. Advocate for R1 & R2 Mr.T.Saikrishnan for R3

COMMON ORDER

W.P.No.11063 of 2017 is filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records related to impugned order passed by the 2^nd respondent in his proceedings in KA.No.Asst.Eng/O and M/town/Edapadi/File/Complaint / A.No.030 dated 04.05.2015 and quash the same and consequently direct the 2^nd respondent to grant permanent electricity connection to the petitioner's house situated at S.No.287/6, Avaniperur Kilmugam Village, Edapadi Taluk, Salem District.

2.It is the case of the Writ Petitioner in W.P.No.11063 of 2017 that in the year 1982, her mother entered into a sale agreement with one E.Chinnairusan and his sons viz. C.Iravanan, the 3^rd respondent herein and C.Muthamilan on behalf of the petitioner and her two other sisters. The sale agreement was registered on 07.04.1982 under document No.381 of 1982 and the entire sale consideration was also paid. Since the vendors have not come forward to execute documents, the petitioner filed a Suit in O.S.No.154 of 2001 before the District Munsif Court, Sangagiri. The Suit was decreed in her favour. The 3^rd respondent, his brother and father have not preferred any appeal against the said decree. Pursuant to the decree, sale deed was also executed by the Execution Court and the petitioner was also put into possession of the house property. However, when she sought for an electricity connection, the same was negatived on the ground that the property tax in her name has to be submitted. Hence the Writ Petition.

3.The 3^rd respondent in his counter has stated that the property is originally belonged to his grandmother Periammal, who had one son, one daughter. Other branches had filed a Suit for partition in O.S.No.134 of 2004 on the file of District Munsif Court, Sankari. Though the Suit was filed for specific performance in O.S.No.154 of 2001, it was decreed in petitioner's favour, while pending appeal, the 3^rd respondent's father died and his legal heirs were impleaded