Dismissed

A.Devi, W/O.a.Arasakumar, v. the Executive Enginner, Tamil

Madras HC14 Nov 2019WP/20506/2013

Case brief

AI extract

What is this about?

The petitioner challenged proceedings to obtain an electricity service connection, citing Regulation 27(4) of the Tamil Nadu Electricity Distribution Code, 2004. The Court dismissed the writ petition, holding that the petitioner, having failed in civil suit and appeal regarding partition against the third respondent, could not claim service connection without a right to partition the land. Thus, s

What the court decided

AI extract

A.Devi, W/O.a.Arasakumar, Vs the Executive Enginner, Tamil — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.11.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE T.RAJA

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W.P. No.20506 of 2013 and M.P. No.1 of 2013

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A.Devi ... Petitioner

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1.The Executive Engineer, Tamilnadu Electricity Board, MKB Nagar, Chennai-39.

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2.The Assistant Engineer O&M, Tamilnadu Electricity Board, Mahakavi Baharathiyar Nagar, Vyasarpadi, Chennai-600 039.

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3.P.Paneer Selvam ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in his proceedings No.Ka.no.u.po/Mahakavi bharathi nagar/Soo th ni/Aa.No.182/13 dated 1/06/2013 and quash the same as illegal and consequently direct the 1^st and 2^nd respondents to grant electricity service connection to the petitioner's premises in Old No.375, New No.149, Kalyanapuram, C Block, 390, Viyasarpadi, Chennai-600 039.

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For Petitioner : Mr.K.Sasindran

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Mr.B.Ganeshamoorthy for R3

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ORDER

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The petitioner has come to this Court challenging the proceedings No.Ka.no.u.po/Mahakavi bharathi nagar/Soo th ni/Aa.No.182/13 dated 01.06.2013 and seeking a direction to 1^st and 2^nd respondents to grant electricity service connection to her premises in Old No.375, New No.149, Kalyanapuram, C Block, 390, Viyasarpadi, Chennai-600 039.

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https://hcservices.ecourts.gov.in/hcservices/

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2.Learned counsel appearing for the petitioner would submit that a suit in O.S. No.553 of 2013 filed for partition between the petitioner and the third respondent before the VI Assistant Judge, City Civil Court, Chennai was dismissed on 04.12.2013 and as against the same, an Appeal in A.S. No.150 of 2014 filed by the petitioner was also dismissed. However, as per Regulation 27(4) of the Tamil Nadu Electricity Distribution Code, 2004 the electricity department shall provide electricity service connection to the petitioner on execution of the bond. Therefore, a direction be issued to respondents 1 and 2 to provide electricity service connection on receipt of bond to be executed by the petitioner. Since the petitioner has been enjoying the electricity service connection by virtue of an interim order passed in I.A. No.1429 of 2013 in O.S. No.553 of 2013, no prejudice would be caused, if a direction given to the electricity department to provide electricity service connection to the petitioner on execution of bond.

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3.But this Court is unable to entertain the writ petition. When the petitioner suffered a dismissal in the Suit in O.S. No.553 of 2013 on the file of the learned VI Assistant Judge, City Civil Court, Chennai against the third respondent and she also suffered another dismissal in an Appeal in A.S. No.150 of 2014, she cannot claim electricity service connection without any right to partition the land. Therefore, the petitioner is not entitled to get the benefit of Regulation 27(4) of the Tamil Nadu Electricity Distribution Code, 2004. Accordingly, the writ petition stands dismissed. Consequently, miscellaneous petition is closed. No costs.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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vga

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1.The Executive Engineer, Tamilnadu Electricity Board, MKB Nagar, Chennai-39.

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2.The Assistant Engineer O&M, Tamilnadu Electricity Board, Mahakavi Baharathiyar Nagar, Vyasarpadi, Chennai-600 039.

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W.P. No.20506 of 2013 and M.P. No.1 of 2013

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A.SK(09/01/2020) https://hcservices.ecourts.gov.in/hcservices/

A.Devi, W/O.a.Arasakumar, v. the Executive Enginner, Tamil

Case brief

What is this about?

What the court decided

A.Devi, W/O.a.Arasakumar, v. the Executive Enginner, Tamil

Case brief

What is this about?

What the court decided

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