Arulmighu Ayiram Kathamman Koil Trust Vs the Chairman

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the 3^rd respondent to cancel the electricity connection No. 015-003-93 now in the name of Secretary , V.O.C. 1/5

¶14

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

¶15

W.P. No.23040 of 2023 Podhu Nala Trust, Periathoppu, Manali, Chennai – 600 068 and to direct the 3^rd respondent to restore the name of the petitioner Trust viz., President of Arulmighu Ayiram Kathamman Koil Trust Manali, Chennai 68 in electricity service connection No. 015-003-93.

¶16

For Petitioner : Mr.R. Dhamodaran For Respondents : Mr.L. Jaivenkatesh Standing Counsel

¶17

ORDER

¶18

It is stated that the petitioner is the President of Arulmighu Ayiram Kathamman Koil Trust,Manalai. According to the petitioner, the patta, chitta, adangal and electricity connection are all standing in the name of the petitioner trust, vide No.015-003-93 for more than three decades. However, it is the case of the petitioner that the Secretary of the said Trust has applied for name transfer of electricity connection standing in the name of the petitioner Trust. Shockingly, it came to light, that the electricity connection was transferred to the name of V.O.C. Podhunala Trust, despite their strong protests. Thereby petitioner sent legal notice to the respondents with regard to the above. However, no response. Therefore, this writ petition has been filed seeking direction to 3^rd respondent to cancel the electricity connection now in the name of Secretary, V.O.C. Podhunala Trust and to direct the 2^nd respondent to restore the name of the petitioner trust viz., President of Arulmighu Ayiram Kathamman

¶19

Koil Trust.

¶20

2/5

¶21

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

¶22

Heard the learned counsel for the petitioner.

¶23

W.P. No.23040 of 2023

¶24

Learned Standing Counsel appearing for the respondents submitted that the electricity service connection was transferred in accordance with the application submitted before the competent authority and based on the records made available at the relevant point of time. He vehemently argued that the dispute raised by the petitioner involves rival claims between two Trusts, namely, Arulmighu Ayiram Kathamman Koil Trust and V.O.C. Podhu Nala Trust and there were disputed questions involved. However, he further submitted that the respondents will consider the claim of the petitioner, if the petitioner submits a representation before the 3^rd respondent and therefore, this Court may issue appropriate directions.

¶25

This Court has considered the submissions made by the learned counsel on either side and perused the available records.

¶26

The dispute in the present writ petition pertains to the transfer of an electricity service connection. According to the petitioner, the said service connection standing in their Trust name for several decades was subsequently transferred to the name of another trust. From the arguments of the learned Standing Counsel appearing for the respondents, it is clear that there are 3/5

¶27

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

¶28

W.P. No.23040 of 2023 disputed questions involved with regard to the title, which cannot be adjudicated

¶29

by invoking powers vested under Article 226 of the Constitution of India.

¶30

Considering the rival submissions made by the learned counsel on

¶31

either side, this Court without expressing any opinion on the merits of the case, directs the petitioner to submit a fresh representation to the 3^rd respondent along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the 3^rd respondent shall consider, after affording an opportunity of hearing to the petitioner as well as the officer bearers of V.O.C. Podhunala Trust and pass orders on merits and in accordance with law, within a period of eight weeks thereafter.

¶32