IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.04.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.8304 OF 2011 and M.P.No.1 of 2011 N.Padmanaban ... Petitioner ..Vs.. 1.The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 2.The Junior Engineer, Tamil Nadu Electricity Board Old No.51, R.K.Mut Road, Mandaveli, Chennai-600 028. 3.K.Usha ... Respondents Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to provide the Electricity Service connection to the petitioner's residence at Old No.71, New Door No.86, Thiruvallurpettai, Raja Annamalaipuram, Chennai-600 028. For Petitioner : Mr.D.Senthilkumar For Respondents : Mr.A.Selvendran for 1 & 2 Mr.Dalit Tigar C.Ponnuswamy for R-3 ORDER This writ petition is filed to direct the second respondent to provide the Electricity Service connection to the petitioner's residence at Old No.71, New Door No.86, Thiruvallurpettai, Raja Annamalaipuram, Chennai-600 028. 2. The 3rd respondent claims to be the owner of the property objects for grant of Electricity service connection stating that the records have been manipulated by the petitioner. He also referred to https://hcservices.ecourts.gov.in/hcservices/ the pending suit in O.S.No.13398 of 2010 on the file of the I Assistant City Civil Court, Chennai for permanent injunction and he has also filed another suit in O.S.No.2047 of 2011 before the VII Assistant City Civil Court not to give electricity supply. Pending these proceedings, the present Writ Petition has been filed by the petitioner by producing various manipulated records stating so the relief sought for is objected. 3. Heard, Mr.R.Selvendran, the learned counsel appearing for the respondents 1 & 2. 4. In this case, the petitioner has produced the driving licence of his father relating to the year 1969 and 10.11.1993 showing the address as No.71,Thiruvallurpettai, Raja Annamalaipuram, Chennai-600 028. The very same address is found in petitioner's father's driving licence dated 30.07.1969. Petitioner relies upon a No objection Certificate issued by the Tahsildar, Mylapore-Triplicane Taluk dated 01.01.1988 issued in favour of the petitioner showing the address as No.71,Thiruvallurpettai, Raja Annamalaipuram, Chennai- 600 028. The Election Identity Card issued to the petitioner by the Election Commission shows the same address. The driving licence issued to the petitioner on 17.11.1993 shows the very same address. The Family Card issued for the years 2005-2009 shows the name of the petitioner and the address as No.71,Thiruvallurpettai, Raja Annamalaipuram, Chennai-600 028. Based on these documents, the petitioner claims Electricity service connection, stating that he has paid the necessary fee. It is only because of the objection raised by the 3rd respondent, the Electricity Board has refused to give Electricity service connection to the petitioner. Petitioner based on the above document pleads for domestic electricity supply. He further stated that there is no adverse order against the petitioner by the civil Court. 5. As pointed out by the learned counsel appearing for the third respondent, the rights of the parties insofar as the property is concerned is pending before the Civil Court. The grant of electricity supply is based on the provisions contained in the Tamil Nadu Electricity Distribution Code 27(4). The Tamil Nadu Electricity Distribution Code 27(4) reads as follows:- (4) An intending consumer who is not the owner of the premises he occupies shall produce a consent letter in Form 5 of Annexure III to this code from the owner of the premises for availing the supply. If the owner is not available or he refuse to give consent letter, the intending consumer shall produce proof of his/her being in lawful occupation of the premises and also execute an indemnity bond in Form 6 of the Annexure III to this code indemnifying the licensee against any loss on account of disputes https://hcservices.ecourts.gov.in/hcservices/ arising out off effecting service connection to the occupant and acceptance to pay security deposit twice the normal rate. 6. In view of the various documents submitted by the petitioner there is prima facie justification for the petitioner to seek domestic electricity supply. The third respondent will have to work out her rights before the civil Court. In view of the provisions of the Electricity Code, the 2nd respondent is directed to give electricity service connection to the petitioner on submitting relevant documents and undertakings as required under the regulation 27(4) of the Tamil Nadu Electricity Distribution Code within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the domestic electricity service connection granted to the petitioner cannot be used before the Civil Court for the purpose of claiming right over the property and the 3rd respondent is entitled to raise all the objections before the civil Court on merits. 7. With the above observations, the writ petition is ordered as above. No costs. Consequently, connected M.P. is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rrg To 1.The Chairman, Tamil Nadu Electricity Board, Annasalai, Chennai-600 002. 2.The Junior Engineer, Tamil Nadu Electricity Board Old No.51, R.K.Mut Road, Mandaveli, Chennai-600 028. 2 ccs To Mr.D.Senthilkumar, Advocate, SR.30056 1 cc To Mr.Dalit Tiger C.Ponnusamy, Advocate, SR.29952 WP No.8304 of 2011 PUR(CO) SRA (12/05/2011) https://hcservices.ecourts.gov.in/hcservices/