1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).Nos.12425 and 12431 of 2011 And M.P.(MD).Nos. 1 & 1 of 2011 T.Dominic Savio ... Petitioner in W.P.(MD).No. 12425/2011 T.Joseph Sartho ... Petitioner in W.P.(MD).No. 12431/2011 -Vs- 1. The Superintendent Engineer (S.E) Thoothukudi Electricity Distribution Circle Tamil Nadu Electricity Board, Thoothukudi 2. The Assistant Engineer Distribution / Town / Keeloor, Tamil Nadu Electricity Board Thoothukudi ... Respondents in both W.Ps. PRAYER IN W.P.(MD).No. 12425/2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to give electricity service connection to the petitioner's residential plot situated at Plot No.18, Survey No. 122, Mullai Nagar, Sankaraperi Village, Thoothukudi Taluk, Thoothukudi District. PRAYER IN W.P.(MD).No. 12431/2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to give electricity service connection to the petitioner's residential plot situated at Plot No.9, Survey No. 122, Mullai Nagar, Sankaraperi Village, Thoothukudi Taluk, Thoothukudi District. For Petitioners in both W.Ps. : Mr.R.Anand For Respondents in both W.Ps. : Mr.G.Kasinathadurai Standing counsel for TNEB C O M M O N O R D E R The petitioners in both these cases have come up with the above Writ Petitions seeking the issue of Writ of Mandamus directing the second respondent to grant electricity service connection to their residential plots. 2. Heard Mr.R.Anand, learned counsel appearing for the petitioners and Mr.G.Kasinathadurai, learned standing counsel appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioners claim to have become the owners of the residential plots in question, by virtue of a sale deed, dated 17.05.2000 and the settlement deed, dated 31.07.2000 respectively. Both the petitioners have also obtained pattas. But their application for the grant of domestic service connection has not been processed by the respondents, forcing them to come up with the above Writ Petitions. 4. On 01.11.2011 when these Writ Petitions came up for admission, Mr.G.Kasinathadurai, learned Standing counsel took notice for the respondents. 5. Today he stated on instructions that on an objection filed by the Tamil Nadu Housing Board that the plots in question belong to the Housing Board, the respondents have refused to grant service connection. 6. But under Section 43(1) of the Electricity Act 2003 read with Regulation 27(4) of the Tamil Nadu Electricity Distribution Code, a lawful owner or occupier of a property is entitled to service connection. An occupier is obliged to get consent of the owner. But if consent is refused, the occupier is entitled to file an indemnity bond and get service connection. 7. The dispute between the Housing Board and the petitioners, despite the petitioners having pattas in their names, cannot deprive them of service connection. Therefore, both these Writ Petitions are disposed of directing the respondents to grant service connection to the petitioners, upon the petitioners executing necessary indemnity bonds and complying with other normal conditions. However, this shall not be taken to be a recognition of the title of the petitioners as against the Tamil Nadu Housing Board and it is open to the Housing Board to work out their remedies. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar(CS) To 1. The Superintendent Engineer (S.E) Thoothukudi Electricity Distribution Circle Tamil Nadu Electricity Board, Thoothukudi 2. The Assistant Engineer Distribution / Town / Keeloor Tamil Nadu Electricity Board, Thoothukudi vsg GH : 22.11.2011 : 2p/3c W.P.(MD).Nos.12425 and 12431 of 2011 09.11.2011 https://hcservices.ecourts.gov.in/hcservices/