P. L. Meenal Wife of RM. Palaniappan v. Assistant Executive Engineer (Operation and Maintenance)
2018-01-08
K.RAVICHANDRABAABU
body2018
DigiLaw.ai
ORDER : The petitioner seeks for a mandamus directing the first respondent to provide separate electricity supply to the petitioner's Medical shop namely Sri Meenakshi Medicals at No.26, Ground Floor (Western Shop), Corporation Colony Main Road, Rangarajapuram, Kodambakkam, Chennai-24, based on her representation dated 11.07.2017. 2. Heard Mr.V.Ragavachari, learned counsel appearing for the petitioner, Mr.P.R.Dilip Kumar, learned standing counsel appearing for the first respondent and Mr.Shirk Abdul Rahim, learned counsel appearing for the second respondent. 3. It is stated that the second respondent is the owner of the subject matter premises and the proceedings before the Rent Controller are pending between the petitioner and the second respondent, one for seeking eviction of the petitioner filed by the second respondent and another for seeking restoration of basic amenities filed by the petitioner against the second respondent. 4. Mr.V.Raghavachari, learned counsel for the petitioner submitted that in the application filed before the Rent Controller for restoration of the electricity connection, as the second respondent herein has taken the stand that she has not taken steps to disconnect the electricity supply, the petitioner is left with no other option, but to file the present writ petition seeking for separate service connection in the name of the petitioner. 5. On the other hand, the learned counsel for the second respondent submitted that the second respondent wants to demolish the building and put up a new construction, for which purpose, she has already obtained a demolition order from the competent authority and therefore, the petitioner is not entitled to the relief of electricity service connection to the petitioner premises. However, he fairly admitted that the petition filed by the second respondent seeking for eviction of the petitioner is pending before the concerned Rent Controller. 6. The learned counsel for the first respondent submitted that at the request made by the second respondent, the electricity service connection at the petitioner's premises was disconnected on 22.08.2017. 7. Upon considering the above stated facts and circumstances and hearing the learned counsels appearing for the respective parties, it is evident that, as on today, the petitioner is in possession and enjoyment of the subject matter property and the eviction proceedings are pending against him before the concerned Rent Controller. No doubt, it is stated by the second respondent that she has obtained an order from the competent authority to demolish the building.
No doubt, it is stated by the second respondent that she has obtained an order from the competent authority to demolish the building. It is not in dispute that the petitioner is not evicted from the subject matter premises, by due process of law, for which the eviction proceedings are admittedly pending even as on today. Since the petitioner is in occupation of the premises, this Court is of the view that he is entitled to have the basic amenities namely electricity supply, so long he is in possession of the same and therefore, the first respondent has to restore the supply, without prejudice to the contention of either parties, before the Rent Controller in the eviction proceedings. 8. Needless to say that the restoration of the electricity supply to the petitioner does not mean that this Court is expressing any view on the merits of the eviction proceedings either in favour of the petitioner or as against the second respondent, as it is for the Rent Controller before whom the matter is pending, to consider and decide the same on its own merits and pass orders in accordance with law. Till an order is passed, the petitioner, who is in possession and enjoyment of the premises in question, shall be provided with the electricity supply. Accordingly, this writ petition is disposed of, by directing the first respondent to restore the electricity supply to the petitioner's premises, after collecting necessary restoration charges from the petitioner. It is made clear that this order is passed subject to the outcome of the order to be passed in the eviction proceedings pending before the learned Rent Controller. The first respondent shall comply with the order passed in this writ petition within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.