1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2011 Coram: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).No.4347 of 2011 And M.P.(MD).No. 1 of 2011 P.Selvakumar : Petitioner -Vs- 1. The Superintending Engineer Tamil Nadu Electricity Board Srivilliputhur Taluk Virudhunagar District 2. The Junior Engineer (Distribution) Tamil Nadu Electricity Board Padikasuvaithanpatti Village Srivilliputhur Taluk Virudhunagar District 3. The Assistant Engineer Tamil Nadu Electricity Board Padikasuvaithanpatti Village Virudhunagar District 4. The Executive Officer Arulmigu Vaithiyanathaswamy Thirukovil Madavarvillagam Srivilliputhur Taluk Virudhunagar District : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in his proceedings in f/vz;/, / kpngh / tpep/ g of;fhR/ nfh / m/vz; 128 dated 29.03.2011 and quash the same as illegal in so far as it relates to the first reason is concerned consequentially directing the first respondent to provide electricity connection to the petitioner's house situated in Survey No. 48/1, Padikasuvaithanpatti Village, Srivilliputhur Taluk, Virudhunagar District. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.M.Suresh Kumar https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R Mr.M.Suresh Kumar, takes notice for the respondent. By mutual consent of both sides, the Writ Petition is taken up for final disposal. 2. The petitioner has come forward with this Writ Petition for issuance of a Writ of Certiorarified Mandamus to quash the impugned order passed by the second respondent, dated 29.03.2011, in so far as it relates to the first reason is concerned and consequentially directing the first respondent to provide electricity connection to the petitioner's house situated in Survey No. 48/1, Padikasuvaithanpatti Village, Srivilliputhur Taluk, Virudhunagar District. 3. The learned counsel appearing for the petitioner would submit that the land belongs to the fourth respondent and the same is leased out to the writ petitioner and he is said to have put up construction. He would further submit that the petitioner has applied for the Electricity connection to the second respondent, on 25.03.2011. He would further submit that the petitioner has enclosed all the necessary documents to the second respondent, but no action was taken by the second respondent. He would also submit that the petitioner is not able to get the electricity service connection as there is some dispute between the fourth respondent and the third parties relating to the title of the land and so far there is no interim order against the fourth respondent. Even if any objection is made, the Department is at liberty to give service connection after executing the indemnity bond. 4. The learned counsel appearing for the respondents 1 & 3 would submit that the Electricity Board is willing to give service connection, but there was a dispute between the fourth respondent and the third parties relating to the title of the land. The fourth respondent has no objection. 5. Heard Mr.M.Suresh Kumar, learned counsel appearing for the respondents on the submissions made by the learned counsel for the petitioner. 6. The limited prayer in the Writ Petition is that the land belongs to the fourth respondent and the same is leased out to the writ petitioner and he is said to have put up construction. Therefore, he has applied for the Electricity connection enclosing all the necessary documents to the second respondent, but no action was taken by the second respondent. He would only contend that he may be permitted to execute the necessary indemnity bond to the Department and seek an electricity connection, as without service connection the petitioner is put to great hardship and irreparable loss. https://hcservices.ecourts.gov.in/hcservices/ 3 7. Under those circumstances, there will be a direction to the third respondent to effect service connection, if everything is in order after getting necessary indemnity bond in terms of Regulation No. 27(4) of the Tamil Nadu Electricity Distribution Code, within a period of three weeks from the date of receipt of a copy of this order. 8. With the above said direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1. The Superintending Engineer Tamil Nadu Electricity Board Srivilliputhur Taluk Virudhunagar District 2. The Junior Engineer (Distribution) Tamil Nadu Electricity Board Padikasuvaithanpatti Village Srivilliputhur Taluk Virudhunagar District 3. The Assistant Engineer Tamil Nadu Electricity Board Padikasuvaithanpatti Village Virudhunagar District 4. The Executive Officer Arulmigu Vaithiyanathaswamy Thirukovil Madavarvillagam Srivilliputhur Taluk Virudhunagar District W.P.(MD).No.4347 of 2011 And M.P.(MD).No. 1 of 2011 12.04.2011 VSG SMA/12.04.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/