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2013 DIGILAW 950 (MAD)

B. Mariammal v. Assistant Engineer

2013-02-14

M.JAICHANDREN

body2013
JUDGMENT 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the respondents. 2. It has been stated that the petitioner is residing at Door No.1/159, Mariamman Koil Street, Meppur, Poonamallee, and his brother, namely, K.Chellamuthu, is residing at Door No.1/158. Since, there is no separate electricity connection for the premises at Door No.1/159, the petitioner had approached the first respondent to provide separate electricity connection. Though the petitioner had produced the documents required by the first respondent, she has not been given the electricity service connection. In such circumstances, the petitioner has preferred the present writ petition, before this Court. 3. A photostat copy of the family card has been annexed with the typed set of papers filed along with the writ petition, showing the name of the petitioner. A legal heir certificate issued by the Tahsildar, Sriperumbudur, has also been filed before this Court, wherein, the name of the petitioner is shown, as the legal heir of Kullan alias Kullappa Naicker. As such, it could be inferred, prima faice, that the petitioner is in occupation of the premises in question. 4. The learned counsel appearing on behalf of the second respondent had submitted that a civil suit had been filed by the petitioner, for partition and separate possession, in O.S.No.288 of 2012, on the file of the Sub-Court, Poonamallee, and it is pending. Therefore, it is for the petitioner to establish her rights in the property in question, before the Sub-Court concerned, in the said suit. 5. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the first respondent had submitted that the first respondent would give the electricity service connection, in the name of the petitioner, in respect of the property in question, as per Regulation 27(4) of the Tamil Nadu Electricity Distribution Code, 2004, within a specified time, as per the directions to be issued by this Court. 6. 6. 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 first respondent is directed to grant electricity service connection, to the petitioner, as prayed for by her, in the present writ petition, under Regulation 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 first respondent is to grant the electricity service connection, within a period of eight weeks thereafter. 7. 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.