1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2413 of 2011 K.Nainar Mohammed ... Petitioner Vs. 1.The Assistant Engineer, Distribution, Tamil nadu Electricity Board, Koomapatti, Virudhunagar District. 2.The Assistant Executive Engineer, Distribution, Tamil Nadu Electricity Board, Watrap Post, Virudhunagar District. 3.The Superintending Engineer Distribution, Tamil Nadu Electricity Board, Virudhunagar, Virudhunagar District. 4.Kaliammal 5.Ganapathiammal 6.Subbulakshmi 7.Gomathi 8.Jeyalakshmi ... Respondents (R4-R8 impleaded as party respondents as per order,dated 16.03.2011 made in M.P.No.1 of 2011) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to provide new electricity connection to the petitioner's house at Door No.152/T, Kilavankoil, Pilavakkal Dam Post, Srivilliputhur Taluk, Virudhunagar District. For Petitioner : Mr.S.Alagusundar For Respondents 1-3 : Mr.M.Sureshkumar For Respondents 4-8 : Mr.M.Thirunavukarasu O R D E R The petitioner has filed this writ petition for a writ of Mandamus, directing the respondents to provide new electricity connection to the petitioner's house at Door No.152/T, Kilavankoil, Pilavakkal Dam Post, Srivilliputhur Taluk, Virudhunagar District. 2.The grievance of the petitioner is that in spite of the fact that he is ready to execute indemnity bond, the Department is not giving service connection. The objectors are impleaded as Respondents 4 to 8. They appeared through advocate and their only contention is that they have filed a suit for partition in which the petitioner is the fourth defendant. As the partition has not been effected, if service connection is granted in his name, it may create problems insofar as the enjoyment and right of the property. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The Electricity Board has no objection to effect service connection as it is only objected to by the respondents 4 to 8, it was kept pending. They would further contend that the petitioner has to execute indemnity bond and pay necessary charges for effecting service connection. 4.Heard the submissions made by the learned counsel for the respective parties. 5.Since the objectors/respondents 4 to 8 who appeared in the Court have only objected on the ground that there is a civil suit is pending for partition in which the petitioner is the fourth defendant, the petitioner can be given service connection after executing indemnity bond to the Department and if the service connection is given, it will be subject to the result of the original suit filed for partition between the parties and the Department will in no way be affected in giving service connection as it is only a domestic service connection which according to the petitioner, he is in occupation. 6.Considering the limited scope of the writ petition, the respondents are directed to effect service connection within a period of one month from the date of receipt of a copy of this order, if the petitioner executes indemnity bond and on payment of necessary charges. It is made clear that the service connection is subject to the result of the original suit in O.S.No.262 of 2010 which is pending on the file of the Sub Court, Srivilliputhur. 7.With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Assistant Engineer, Distribution, Tamil nadu Electricity Board, Koomapatti, Virudhunagar District. 2.The Assistant Executive Engineer, Distribution, Tamil Nadu Electricity Board, Watrap Post, Virudhunagar District. 3.The Superintending Engineer Distribution, Tamil Nadu Electricity Board, Virudhunagar, Virudhunagar District. +1CC TO MR.M.THIRUNAVUKKARASU, ADVOCATE SR.18474 +1CC TO MR.S.ALAGUSUNDAR, ADVOCATE SR.18254 Sms SR : 21.06.2011 : 2p/6c Writ Petition (MD)No.2413 of 2011 https://hcservices.ecourts.gov.in/hcservices/