Allowed

P. Vincent Premkumar, v. the Executive Engineer

Madras HC7 Jun 2023WP(MD)/5650/2017

Case brief

AI extract

What is this about?

This writ petition sought a direction to transfer an electricity service connection to the petitioner based on a recent property mutation and gift deed. The High Court allowed the petition, directing the respondent Board to verify revenue records, provide an opportunity to the third respondent, and dispose of the matter within six weeks.

What did the court decide?

The writ petition is allowed; direction to respondents to consider representation after verifying revenue records and giving opportunity to third respondent within six weeks.

P. Vincent Premkumar, Vs the Executive Engineer — Service and Employment | Madras HC (2023)

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W.P(MD)No.5650 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.06.2023

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CORAM :

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THE HON`BLE MR.JUSTICE B.PUGALENDHI

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W.P(MD) No.5650 of 2017

P.Vincent Premkumar

Petitioner

Vs.

1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Operation and Maintenance, Thiruverambur, Trichy.

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2.The Assistant Executive Engineer,

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Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Operation and Maintenance, Thiruverambur, Trichy.

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3.P.Selvakumar Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents No.1 and 2 herein to transfer the electricity service connection bearing No.232-029-66, of the petitioner's house property in Door No.2/266, situated at Dohar Village, Thiruvayyar Taluk, Thanjavur District in the name of the petitioner on the basis

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this Court.

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W.P(MD)No.5650 of 2017

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of his representation dated 01.11.2016 within the time stipulated by this Court.

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For Petitioner :Mr.J.Lawrance For R1 & R2 :Mr.S.Deenadhayalan Standing Counsel For R3 :No appearance

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O R D E R

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The petitioner has submitted a representation for transfer

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of electricity service connection, which stood in the name of the third respondent in Door No.2/266, situated at Dohar Village, Thiruvayyar Taluk, Thanjavur District by considering his representation dated 01.11.2016.

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2.The learned counsel appearing for the petitioner

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submits that the property in S.No.243/1 measuring to an extent of 0.01.5 ares – 1615 ½ sq.feet situated at Dohur Village, Thiruvayyar Taluk, Thanjavur District belongs to the petitioner's father, namely Pitchai and an electricity service connection No.232-029-66 was provided in the above property. The petitioner's father has gifted the above property to the petitioner by way of a gift deed No.399 of

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W.P(MD)No.5650 of 2017

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2009, dated 15.05.2009 and since then, the petitioner is in absolute possession and enjoyment of the said property, wherein, the petitioner has constructed a house, which bears Door.No.2/266. According to the learned counsel, all the revenue records have been mutated in the name of the petitioner. When the petitioner approached the respondent for transfer of electricity service connection, he came to know that the above service connection stands in the name of the third respondent, who is the son of the petitioner's father through his second wife. Therefore, the petitioner has submitted a representation for change of service connection and the respondent has not considered.

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3.The grievance of the petitioner is that without verifying the revenue records with regard to title over the subject property, the respondent Board has transferred the electricity service connection in the name of the third respondent. Hence, a suitable direction may be issued to the respondent Board.

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W.P(MD)No.5650 of 2017

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4.Considering the limited prayer sought for by the

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petitioner, this writ petition is allowed with a direction to the respondent to consider the representation of the petitioner, after ascertaining the revenue records of the subject property and after providing an opportunity to the third respondent and pass necessary orders on his representation dated 01.11.2016 within a period of six weeks from the date of receipt of a copy of this order. No costs.

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07.06.2023

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NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn To

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1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Operation and Maintenance, Thiruverambur, Trichy.

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2.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Operation and Maintenance, Thiruverambur, Trichy.

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W.P(MD)No.5650 of 2017

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B.PUGALENDHI, J

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vrn

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Order made in W.P(MD) No.5650 of 2017

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07.06.2023

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P. Vincent Premkumar, v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

P. Vincent Premkumar, v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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