T.VasanthA. Vs. Assistant Divisional Engineer and ors.

T.Vasantha vs Assistant Divisional Engineer and ors.

Type Court Judgment Court Chennai Decided Jul 23, 2012

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https://sooperkanoon.com/case/928131

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Citation: sooperkanoon.com/928131
Court: Chennai High Court
Judge: M.Jaichandren, J.
Decided On: Jul 23, 2012
Case Number: Writ Petition No.28001 of 2011
Subject: Electricity

Case Summary

AI-generated summary - not the official court judgment text.

Electricity

Key legal issue: Electricity
Acts & sections: Tamil Nadu Electricity Distribution Code, 2004, - Rule 27(4); Constitution of India - Articles 226

Parties & Advocates

Appellant / Petitioner

T.Vasantha

Advocate Mr.J.Ganesan, Adv.

Respondent

Assistant Divisional Engineer and ors.

Advocate Mr.G.Vasudevan. Adv

Legal References

Acts: Tamil Nadu Electricity Distribution Code, 2004, - Rule 27(4); Constitution of India - Articles 226

Excerpt

.....on behalf of the third respondent, in spite of court notice having been served on him and his name having been printed in the cause list. 3. at this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents 1 and 2 had submitted that the second respondent would give the electricity connection in the name of the petitioner in respect of the property in question, as per rule 27(4) of the tamil nadu electricity distribution code, 2004, within a specified time. 4. in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, and in view of the records available, the the second respondent is directed to grant electricity service connection to the petitioner, as prayed for by her, in the present writ petition, under rule 27(4) of the tamil nadu electricity distribution code, 2004, on her submitting the necessary application and on production of the required records, and on payment of the charges due to be paid by her, for the grant of the electricity service connection. on the petitioner fulfilling the necessary requirements, the second respondent is to grant the electricity service connection, within a period of eight weeks thereafter. 5. however, it is made clear that the grant of electricity service connection to the premises of the petitioner, by the respondent tamil nadu electricity board, shall not, in any way, vest any additional right or interest in the petitioner, in respect of the property in question. further, it would not be open to the petitioner to claim that she had established her title, in respect of the property concerned, by obtaining the electricity service connection from the respondent tamil nadu electricity board.the writ petition is disposed of, with the above directions. no costs.

Full Judgment

Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 5.11.2011 on second respondent and E.B.Connection address at Arani Village, Ponneri Taluk, ThiruvallurDistrict.

ORDER

1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents 1 and 2.

2. There is no appearance on behalf of the third respondent, in spite of Court notice having been served on him and his name having been printed in the cause list.

3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents 1 and 2 had submitted that the second respondent would give the electricity connection in the name of the petitioner in respect of the property in question, as per Rule 27(4) of the Tamil Nadu Electricity Distribution Code, 2004, within a specified time.

4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, and in view of the records available, the the second respondent is directed to grant electricity service connection to the petitioner, as prayed for by her, in the present writ petition, under Rule 27(4) of the Tamil Nadu Electricity Distribution Code, 2004, on her submitting the necessary application and on production of the required records, and on payment of the charges due to be paid by her, for the grant of the electricity service connection. On the petitioner fulfilling the necessary requirements, the second respondent is to grant the electricity service connection, within a period of eight weeks thereafter.

5. However, it is made clear that the grant of electricity service connection to the premises of the petitioner, by the respondent Tamil Nadu Electricity Board, shall not, in any way, vest any additional right or interest in the petitioner, in respect of the property in question. Further, it would not be open to the petitioner to claim that she had established her title, in respect of the property concerned, by obtaining the electricity service connection from the respondent Tamil Nadu Electricity Board.

The writ petition is disposed of, with the above directions. No costs.

Same Court & Year Chennai · 2012 Same Parties T.Vasantha vs Assistant Divisional Engineer and ors. Same Subject Electricity Same Judge M.Jaichandren, J. Acts & Sections Tamil Nadu Electricity Distribution Code, 2004, - Rule 27(4);...