Full Judgment
11. 2-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.66 of 2013 and M.P.No.1 of 2013 M.Rajendran .. Petitioner Versus 1. The Assistant Electrical Engineer, Tamilnadu Electricity Board, Nallur-641606, Tirupur, Tiruppur District.
2. The Executive Officer, Arulmighu Vishweswara Swamy Temple, Eswaran Kovil, Eswaran Kovil Street, Tiruppur, Tiruppur District. .. Respondents Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records of the 1st respondent relating to order datd 27.11.2012 passed in Ka.not Assistant Electrical Engineer/Nallur/Tiruppur/Dvn.Indl. /Ka.No.187 and quash the same and consequently direct the 1st respondent to give Electricity Service connection to the house in S.F.No.133, Site No.35, Kanchi Nagar Third Street, Nallur, Tiruppur-641 606, Tirupur District on receipt of the application for electricity service connection from the petitioner. For Petitioner : Mr.G.Sankar For Respondents : Mr.S.K.Rameshwar (R1) Mr.S.Kandhasamy (R2) O R D E R Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the respondents.
2. The petitioner has stated that he had purchased the vacant land, comprised in S.F.No.133, Site No.35, Kanchi Nagar, Third Street, Nallur, Tiruppur, measuring an extent of 720 square feet, under a sale deed, dated 21.11.2012, registered as document No.232/2012. The petitioner has been in possession and enjoyment of the said land. The petitioner has also constructed a house in the said property. However, in spite of the several requests made by the petitioner to the first respondent, for electricity service connection to the property in question, the first respondent has not given the electricity service connection, as prayed for by the petitioner, till date. Therefore, the petitioner has preferred the present writ petition, before this Court, under Article 226 of the Constitution of India.
3. The learned counsel appearing on behalf of the second respondent had submitted that the petitioner had encroached upon the property belonging to Arulmighu Vishweswara Swamy Temple, Tiruppur District, and therefore, he is not entitled to obtain electricity service connection, from the Tamilnadu Electricity Board, as requested by him.
4. The learned counsel appearing on behalf of the first respondent had submitted that the electricity service connection would not be given to the petitioner, as per his request, in view of the pending dispute between the petitioner and the Arulmighu Vishweswara Swamy Temple, with regard to the property in question.
5. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, and on a perusal of the records available, this Court finds it appropriate to direct the first respondent to grant temporary electricity service connection to the petitioner, under Regulation 27(4) of the Tamilnadu Electricity Distribution Code, 2004, within a period of eight weeks from the date of receipt of a copy of this order. However, it is made clear that the grant of electricity service connection to the property in question, by the first respondent, shall not confer any right or interest to the petitioner, in respect of the property in question.
6. It is also made clear that it would be open to the second respondent to take appropriate action against the petitioner, if so advised, to evict him from the property in question, by invoking the provisions of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959, if he is found to be an unauthorised occupier or an encroacher occupying the property belonging to Arulmighu Vishweswara Swamy Temple, as contended on behalf of the second respondent. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. csh To 1. The Assistant Electrical Engineer, Tamilnadu Electricity Board, Nallur-641606, Tirupur, Tiruppur District.
2. The Executive Officer, Arulmighu Vishweswara Swamy Temple, Eswaran Kovil, Eswaran Kovil Street, Tiruppur, Tiruppur District