K. ABDUL MUNEER Vs. CHAIRMAN, TAMILNADU ELECTRICITY

JUDGEMENT

(1.) THE prayer in this writ petition is as follows: The petitioner herein is seeking for a mandamus to direct the respondents herein to disconnect the electricity service connection standing in the name of the petitioner in Area No.17.13.319 and Consumer No.62036105 in respect of the Ground Floor Portion of the premises bearing No.1, Pensioners III Lane, Old Washermenpet, Chennai 21.

(2.) THE case of the petitioner is as follows: He is the owner of the premises bearing Door No.1, Pensioners III Lane, Old Washermenpet, Chennai 21. The said property consists of ground and three floors. The petitioner has separate and independent electricity connection to each floor. The ground floor portion was rented out to one Abdul Rahman. He was irregular in payment of monthly electricity consumption charges. The lease period also expired on 25.11.2004. The petitioner filed a suit in O.S.No.163 of 2005 before the City Civil Court, Chennai for eviction and the same was pending. The respondents disconnected the electricity of the ground floor portion for non payment of the consumption charges for the period from August 2004 to September 2004. The petitioner made a representation to disconnect the electricity connection through his communication dated 16.09.2004. However, the second respondent reconnected the service connection inspite of the petitioner's representation. Therefore, the present writ petition is filed seeking the relief as stated supra.

(3.) IN my considered view, first of all, the relief sought for in this writ petition cannot be granted in view of the fact that provision of electricity connection to the tenant is a basic amenity, which the petitioner, being the landlord, cannot deny to the tenant. If there is any dispute with regard to the payment of the electricity charges to the department, the petitioner has to work out his remedy as against the tenant either by filing appropriate legal proceedings for recovery of such sum after making payment or allow the Electricity Board to disconnect the electric supply if the tenant does not pay the arrears. However, he cannot deny the basic amenity such as electricity or water to the tenant by specifically requesting the Electricity Board to disconnect even if there are no arrears. In any event, the petitioner is seeking the relief totally against the interest of the so called tenant Abdul Rahman. The said person was not made as a party in this writ petition.