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2011 DIGILAW 419 (MAD)

A. Damodaran v. Chairman, Tamil Nadu Electricity Board, Chennai

2011-01-27

VINOD K.SHARMA

body2011
Judgment :- 1. The petitioner has invoked the writ jurisdiction of this Court with a prayer for issuance of a writ in the nature of Mandamus directing the second respondent to give new service connection in the name of the petitioner in respect of petitioner's portion at No.18/327, 18th Subramaniam Street, G.K.M. Colony, Chennai – 600 082, without insisting for a No Objection Certificate from the other co-owners. 2. The pleaded case of the petitioner is that he is residing in property bearing No.18/327, 18th Subramaniam Street, G.K.M. Colony, Chennai, which was allotted originally by the Tamil Nadu Slum Clearance Board in favour of grandfather of the petitioner. After the demise of the grandfather of the petitioner, the allotment was transferred in the name of father of the petitioner i.e., Mr.G.Arjunan, who also died on 29.08.1980 leaving behind widow and four sons including the petitioner. 3. The case of the petitioner is that after the demise of mother of the petitioner, there arose misunderstandings between the brothers and they started living separately, in different portion of the house, but the electricity connection continues to be in the name of the father of the petitioner. 4. In view of the problem being faced, the petitioner applied for independent service connection. The respondent Board asked the petitioner to submit No Objection Certificate from the other co-owners before providing the service connection. 5. The learned counsel for the petitioner contends that the petitioner has offered to furnish an indemnity bond and requested that the respondent Board not to insist for No Objection Certificate, from the other co-owners. 6. In support of the contention that it is not permissible to insist on No Objection Certificate from the other co-owners, the learned counsel for the petitioner placed reliance on the judgment of the Hon'ble Division Bench of this Court in W.A.No.831 of 2008 decided on 30.10.2008, wherein the Hon'ble Division Bench of this Court, while dismissing the writ appeal, was pleased to lay down as under:- "There is no merit in this appeal. The order against which the appeal is filed was passed on 14.05.2008 by the learned Judge of the writ Court directing the appellant board to give domestic electricity connection to the respondent-petitioner on the following directions:- "The respondent shall give Electricity Service Connection to the petitioner on the petitioner furnishing Indemnity Bond as contemplated under Rule 27.4 of the Tamil Nadu Electricity Distribution Code". 2. It is not in dispute that the respondent is in possession of the property and is also the daughter of the deceased applicant. The inter se dispute between the respondent and other co-owners of the estate has nothing to do with the supply of electricity connection by the appellant board to the co-owner. In any event, the rights of the appellant board have been fully protected by the learned Judge in view of the direction in his Lordship's order. So, on the respondent furnishing indemnity bond, as contemplated under Rule 27.4 of the Tamil Nadu Electricity Distribution Code, electricity connection should be given by the board to the respondent of course upon payment of usual charges. Such electricity connection should be given to the property of the first respondent within a period of four weeks from today. 3. The appeal is dismissed. No costs. Consequently, miscellaneous petition is closed." 7. In view of the law laid down by the Hon'ble Division Bench of this Court, this writ petition is allowed, the respondent Board is directed to consider the claim of the petitioner for providing electricity connection, on submission of indemnity bond, without insisting on No Objection Certificate from the other co-owners. 8. Consequently, connected miscellaneous petition is closed. No costs.