BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 17/12/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition (MD) No.8773 of 2009 and Writ Petition (MD) No.8974 of 2009 and M.P(MD) No.1 of 2009 W.P.(MD) No.8773 of 2009: M.Muthupandeeswari .. Petitioner Versus The Tamil Nadu Electricity Board, Rep. by Assistant Engineer (Distribution), Tamil Nadu Electricity Board, Abiramam, Kamudhi Taluk, Ramanathapuram District. .. Respondent. Prayer in W.P.(MD) No.8773 of 2009 Petition seeking for a writ of Mandamus to direct the respondent to forthwith grant electricity connection to the petitioner in respect of Door No.20/3 to 20/8, Pandian Kinatru Street, Abiramam, Kamudhi Taluk, Ramanathapuram District. !For Petitioner ... Mr.G.R.Swaminathan ^For Respondent ... Mr.M.Suresh Kumar (R1) W.P.(MD) No.8974 of 2009: R.Murthy .. Petitioner. Versus 1. Tamil Nadu Electricity Board represented by its Assistant Engineer (Distribution) Abiramam, Kamudhi Taluk, Ramanathapuram District. 2.Panchavarnam .. Respondents. Prayer in W.P.No.(MD) 8974 of 2009 Petition seeking for a writ of Certiorarified Mandamus, calling for the records relating to the impugned communication bearing No.Vu.Mi.Po/Va/Api/Ko.kattu/A.No.278/09, dated 26.8.2009, issued by the first respondent in so far as the petitioner is concerned and quash the same and consequently, direct the first respondent to grant electricity connection for the petitioner's shops bearing Door Nos.20/9 to 20/14, 20/3, Pandiyan Kinaru Street, Abiramam, Kamudhi Taluk, Ramanathapuram District. !For Petitioner ... Mr.G.R.Swaminathan ^For Respondents ... Mr.M.Suresh Kumar (R1) Mr.Y.Prakash (R2) :ORDER
Heard the learned counsel appearing for the petitioners and the learned
counsels appearing for the respondents.
2. The writ petition, in W.P.(MD) No.8974 of 2009, has been filed by the
petitioner, praying for a Writ of Certiorarified Mandamus to quash the
proceedings of the first respondent, dated 26.8.2009, and to direct the said
respondent to grant electricity service connection to the petitioner’s shops
bearing Door Nos.20/9 to 20/14, 20/3, Pandiyan Kinaru Street, Abiramam, Kamudhi
taluk, Ramanathapuram District.
3. The petitioner, in W.P.(MD) No.8974 of 2009, has stated that he had
purchased the property bearing Survey No.264/2A in Pandiyan Kinaru Street,
Abiramam, Kamudhi Taluk, Ramanathapuram District, wherein he has built some
shops bearing Door Nos.20/9 to 20/14 and 20/3. The patta in respect of the suit
property stands in the name of the petitioner. A portion of the suit property is
subject to litigation, in O.S.No.22 of 2003, on the file of the District Munsif
Court, Kamudhi. The litigation is between the petitioner and the second
respondent only in respect of two cents of land, which forms part of the
property in S.No.264/2A.
4. However, since the respondent Tamil Nadu Electricity board had passed
the impugned order, dated 26.8.2009, rejecting the request of the petitioner for
the grant of electricity service connection, as requested by the petitioner, the
present writ petition, in W.P.(MD) No.8974 of 2009, had been filed before this
Court, challenging the impugned proceedings.
5. In the counter affidavit filed on behalf of the second respondent the
averments and allegations made by the petitioner in the affidavit filed in
support of the writ petition are denied. It has been stated that the property in
question, in respect of which the petitioner is seeking electricity service
connection, is in dispute between the petitioner and the second respondent. A
civil suit has also been filed, in respect of the said property, in O.S.No.22 of
2003, on the file of the District Munsif Court, Kamudhi. Hence, the writ
petition is devoid of merits and therefore, it is liable to be dismissed.
6. Mr.M.Suresh Kumar, the learned counsel appearing on behalf of the
respondent Tamil Nadu Electricity Board had submitted that a temporary service
connection could be granted to the petitioner, under Rule 27 of the Tamil Nadu
Electricity Distribution Code, 2004, on the petitioner fulfilling the conditions
stipulated therein.
7. The learned counsel appearing for the second respondent, in W.P.(MD)
No.8974 of 2009, had submitted that there is a civil dispute pending between the
petitioner and the respondent and therefore, the petitioner is not eligible to
get electricity service connection, as requested by the petitioner.
8. In view of the submissions made by the learned counsel appearing for
the petitioner, as well as the learned counsel appearing on behalf of the
respondents, the first respondent Tamil Nadu Electricity Board, in W.P.(MD)
No.8974 of 2009, is directed to grant temporary electricity service connection
to the petitioner, under Rule 27 of the Tamilnadu Electricity Supply Code, 2004,
within a period of four weeks from the date of the petitioner fulfilling all the
necessary conditions, as stipulated in the said rule. However, it is made clear
that the grant of temporary connection to the petitioner would not give any
additional right or interest in the property in question, which is said to be in
dispute, in O.S.No.22 of 2003, on the file of the District Munsif Court,
Kamudhi.
9. The petitioner, in W.P.(MD) No.8773 of 2009, had preferred a writ
petition before this Court, praying for a Writ of Mandamus to direct the Tamil
Nadu Electricity Board to grant electricity service connection to the property
bearing Door Nos.20/3 to 20/8 at Pandian Kinaru Street, Abiramam, Kamudhi Taluk,
Ramanathapuram District.
10. However, since subsequent order has been passed by the Tamil Nadu
Electricity Board, rejecting the request of the petitioner for the grant of
electricity service connection, this writ petition has become infructuous.
Accordingly, the writ petition in W.P.(MD) No.8974 of 2009 is
disposed of, with the above directions and the writ petition in W.P.(MD) No.8773
of 2009 is dismissed as infructuous. Consequently, connected miscellaneous
petition is closed.
csh
To
The Assistant Engineer (Distribution)
Tamil Nadu Electricity Board,
Abiramam, Kamudhi Taluk,
Ramanathapuram District.