1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/3/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.2538 of 2011 S. Singarayar ...Petitioner Vs 1. The Executive Engineer Operation and Maintenance Tamil Nadu Electricity Board Thennur,Trichy. 2. The Assistant Executive Engineer Palakarai, Tamil Nadu Electricity Board Thennur, Trichy. 3. The Assistant Engineer Operation and Maintenance Tamil Nadu Electricity Board Senthaneerpuram Distribution Thennur,Trichy. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondents to effect electricity service connection to the residential house of the petitioner situated at No.1 Keelapadaiachi Street, Palakarai, Trichy within a time frame. For Petitioner : Mr.B.Saravanan For Respondent : Mr.M. Suresh Kumar for TNEB O R D E R By consent, the main writ petition itself is taken up for final disposal. 2. Mr.M.Suresh Kumar takes notice on behalf of the respondents. 3. The petitioner has come up with the present Writ Petition praying to direct the respondents to effect electricity service connection to the residential house of the petitioner situated at No.1 Keelapadaiachi Street, Palakarai, Trichy. 4. The case of the petitioner in a nutshell is stated hereunder:- He is the absolute owner of the property bearing Door No.1 Keelapadaiachi Street, Palakarai, Trichy. He made an application to the third respondent for grant of electricity connection to the above said property. He has also paid necessary charges for the same. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In the mean while, a suit in O.S.No.710 of 2010 was filed by the idol of Arulmighu Navaneethakrishnasamy Durgaiamman Temple for permanent injunction restraining the petitioner from interfering with its peaceful possession and enjoyment of the suit property by putting up any kind of construction in any manner whatsoever. The suit property was a common passage. 6. Another suit has been filed by the idol of Arulmighu Navaneethakrishnasamy Durgaiamman Temple, represented by its Trustees against the petitioner and the respondents 1 and 2 herein for permanent injunction to restrain the respondents 1 and 2 herein from effecting electricity connection to the petitioner or to anybody else through the suit property. 7. By a common judgment, the learned District Munsif, decreed the suit in O.S.No.710 of 2010 and dismissed the suit in O.S.No.762 of 2010. Thereafter, the petitioner made a representation dated 14/2/2011 to the first respondent for grant of electricity connection. But, however, the same was not granted to the petitioner and hence, the petitioner has come forward with the present writ petition. 8. I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 9. The facts which are not disputed are that the idol namely Arulmighu Navaneethakrishnasamy Durgaiamman, represented by its Trustees, has filed the suit against the petitioner herein in O.S.No.710 of 2010 for permanent injunction restraining it from interfering with the plaintiff's peaceful possession and enjoyment of the suit property, viz., the pathway. The claim of the temple was that the suit property belongs to the temple. Further, the said temple through its Trustees have filed the suit in O.S.No.762 of 2010 before the same Court against the respondents 1 and 2 for permanent injunction restraining them from effecting electricity connection to the suit property. It is an admitted case that the suit property in both the suits are one and the same. 10. The suit in O.S.No.710 of 2010 was decreed by the learned District Munsif, Trichy. However, a clear finding has been given in the said suit and that the temple has no right over the suit property. Further, the finding rendered by the trial Court is that the suit property belongs to the Corporation. However, the suit has been decreed on the ground that in the event of dismissal of the said suit, the petitioner may try to put up construction over the said property. Even this finding arrived at by the Court below cannot be appreciated, but, however, the same has to be agitated only before the appellate forum. 11. However, the learned District Munsif dismissed the suit https://hcservices.ecourts.gov.in/hcservices/ 3 filed by the temple in O.S.No.762 of 2010, wherein the temple has sought for permanent injunction restraining the electricity Board from effecting electricity service connection to the petitioner herein. In paragraph 19 of the said judgment, it has been clearly held that, the temple is not entitled for such relief. 12. Thus, before the trial Court, the claim of the temple that the property belonged to the temple was negatived. In such circumstances, there cannot be any impediment for the respondents 1 to 3 to grant or effect electricity connection to the petitioner's property. 13. Taking such view, I am of the considered view that the respondents 1 to 3 have to effect electricity connection to the petitioner's property. 14. In view of the above, I direct the respondents 1 to 3 to effect service connection to the property referred to above and the same has to be carried out by the respondents within a period of fifteen days from the date of receipt of a copy of this order. The respondents are at liberty to direct the petitioner to execute an indemnity bond for the said purpose. 15. The writ petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petition No.1 of 2011 is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Executive Engineer Operation and Maintenance Tamil Nadu Electricity Board Thennur,Trichy. 2. The Assistant Executive Engineer Palakarai, Tamil Nadu Electricity Board Thennur, Trichy. 3. The Assistant Engineer Operation and Maintenance Tamil Nadu Electricity Board Senthaneerpuram Distribution Thennur,Trichy. +1cc to Mr.B.Saravanan, Advocate, Sr.No.7595 W.P.(MD)No.2538 of 2011 22/3/2011 mvs/SMA/5.4.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/