Allowed

Sivakumar.K.R v. the Superintendent Engineer

Madras HC24 Nov 2023WP(MD)/11952/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition challenging the illegal transfer of an electricity service connection to a respondent without first resolving a dispute over property ownership. The court set aside the order and directed an inquiry.

What did the court decide?

The impugned proceedings dated 19.04.2018 set aside; direction to the 5th respondent to issue notices to both parties, conduct an enquiry, and decide the service connection within four weeks.

Sivakumar.K.R Vs the Superintendent… — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.(MD) No.11952 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.(MD) No.11952 of 2021 and W.M.P.(MD) Nos.9376 and 10463 of 2021

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K.R.Sivakumar .. Petitioner

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Vs.

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1.The Superintendent Engineer,

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Tamil Nadu Generation and Distribution Corporation Limited,

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Thanjavur District.

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2.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited,

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Orathanadu Division, Orathanadu, Thanjavur-614 625.

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3.The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited,

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Orathanadu Rural, Thanjavur District.

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4.The Junior Engineer, Operatins and Maintenance,

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_________Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11952 of 2021

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Tamil Nadu Generation and Distribution Corporation Limited, Thanjavur Electricity Distribution Circle, Vadaseri, Thanjavur District.

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5.The Assistant Accounts Officer, Office of the Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited,

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Orathanadu Division, Orathanadu, Thanjavur District.

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6.M.Sudhandhira Devi .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to direct the 1^st respondent to call for the records in L.R.No.AAO/RB/ORD.F. Name Transfer/D.No.39/2018-2019 dated 19.04.2018 on the file of the 5^th respondent and quash the same as illegal and to consequently restore electricity connection in Survey No.42/9B in Vadaseri Village, Orathanadu Taluk, Thanjavur District.

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For Petitioner : Mr.Govind Chandrasekhar For RR1 to 5 : Mr.Nagaraj Standing Counsel For R6 : No appearance

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https://www.mhc.tn.gov.in/judis

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_________Page 2 of 8

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W.P.(MD) No.11952 of 2021

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ORDER

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This writ petition has been filed challenging the impugned proceedings of the 5^th respondent dated 19.04.2018 and for a consequential direction to restore the electricity connection in S.No. 42/9B at Vadaseri Village, Orathanadu Taluk, Thanjavur District in the name of the petitioner.

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Heard Mr.Govind Chandrasekhar, learned counsel for the petitioner and Mr.Nagaraj, learned Standing Counsel appearing on behalf of respondents 1 to 5. The 6^th respondent has been served with notice and her name has also been printed in the cause list. There is no appearance either in person or through counsel.

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The case of the petitioner is that he purchased the subject property through a registered sale deed dated 25.06.1998 along with a borewell and service connection. The borewell and the service connection stood in the name of Duraisamy and the petitioner, having

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_________Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11952 of 2021

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purchased the property, was utilising the borewell and also the service connection for cultivating his lands.

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The grievance of the petitioner is that the 6^th respondent made an application before the 3^rd respondent seeking for transfer of the electricity connection in her name, which pertains to the very same borewell and based on the recommendation that was made by the 4^th respondent, on 18.04.2018, the 5^th respondent, through the impugned proceedings dated 19.04.2018, transferred the electricity connection in Service Connection No.567 in favour of the 6^th respondent. Aggrieved by the same, the present writ petition is filed.

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On going through the records, it is seen that Service Connection No.567 stood in the name of the petitioner and the same is apparent from the revenue records produced before this Court. The 6^th respondent is claiming her right and title over the property in S.No.42-9A through a registered sale deed dated 27.01.2014, which was purchased by her from one Duraisamy. Even in the sale deed, Service Connection No.567 has

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_________Page 4 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11952 of 2021

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been mentioned as if the service connection already stood in the name of Duraisamy.

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Immediately after the 6^th respondent started making efforts to get the service connection transferred in her name, the petitioner was objecting for the same and was seeking for cancellation of the name transfer. The petitioner had also filed an application under the RTI Act seeking for information regarding the disconnection and the petitioner received a reply dated 22.10.2020 to the effect that no disconnection has been carried out and name transfer has been effected with regard to the Service Connection No.567.

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The petitioner is claiming that Service Connection No.567 stood in his name, whereas the 6^th respondent is claiming that the service connection stood in the name of Duraisamy and having purchased the same from Duraisamy, she was seeking for transfer of the service connection in her name. This issue ought to have been enquired by the respondents before transferring the service connection in the name of the

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_________Page 5 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11952 of 2021

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6 th

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6^th respondent. The entire process seems to have taken place at a rapid pace. The recommendation was made by the 4^th respondent on 18.04.2018 and the 6^th respondent made an application on 19.04.2018 before the 5^th respondent and on the very same day, the transfer was effected in her name. The Electricity Department normally does not operate at this speed while transferring the service connection and therefore, there is something more than what meets the eye.

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The learned Standing Counsel appearing for respondents 1 to 5 submitted that the service connection is yet to be effected.

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In the light of the above discussion, this Court is inclined to interfere with the impugned proceedings of the 5^th respondent dated 19.04.2018 and the same is hereby set aside. There shall be a direction to the 5^th respondent to issue notice to the petitioner and the 6^th respondent and conduct an enquiry. The 5^th respondent shall take into account the documents submitted by both the parties and thereafter, take a decision as to whose name, Service Connection No.567 must be granted. This

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_________Page 6 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11952 of 2021

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process shall be completed by the 5^th respondent within a period of four weeks from the date of receipt of a copy of this order.

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In the result, this Writ Petition is allowed, with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

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24.11.2023

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NCC : Yes/No Index : Yes/No Internet : Yes

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ABR

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1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited,

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Thanjavur District.

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2.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, Orathanadu Division, Orathanadu, Thanjavur-614 625.

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_________Page 7 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11952 of 2021

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N.ANAND VENKATESH, J.

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ABR

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3.The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited,

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Orathanadu Rural, Thanjavur District.

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4.The Junior Engineer, Operatins and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited,

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Thanjavur Electricity Distribution Circle, Vadaseri, Thanjavur District.

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W.P.(MD) No.11952 of 2021

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5.The Assistant Accounts Officer, Office of the Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited,

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Orathanadu Division, Orathanadu, Thanjavur District.

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Dated : 24.11.2023

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Page 8 of 8

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https://www.mhc.tn.gov.in/judis

Sivakumar.K.R v. the Superintendent Engineer

Case brief

What is this about?

What did the court decide?

Sivakumar.K.R v. the Superintendent Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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