V.C. RAVICHANDRAN Vs. THE ASSISTANT ENGINEER OPERATION AND MAINTENANCE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION, ALANGUDI, PUDUKOTTAI DISTRICT AND OTHERS

JUDGEMENT

(1.) The prayer in the writ petition is for a writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the respondent in Ka. En. Vu. Po/EKa/Nagar/Aala/Ko2/A. No. 13 dated 2.9.2013 and quash the same and consequently direct the respondents to give electricity service connection to the house of the petitioner situate in T.S. No. 1072/2, Kannagi Street, Alangudi Taluk, Pudukottai District within a time frame.

(2.) The property situated at T.S. No. 1072/2 at the aforesaid address originally belong to the father of the petitioner. The petitioner's father purchased the property and therefore, it become a self acquired property. After the death of his father, the petitioner and other legal heirs including the 2nd respondent are having right over the property. Originally, there was an old dwelling house located in the said land, since had become dilapidated condition and after the death of the father of the petitioner, in one portion of the property, the petitioner has constructed a house. The Door Number for the old house was 58. Subsequently, after having constructed a new building by the petitioner, a new number "19A" was given and therefore, the petitioner is residing at the new building at 19A in the said Town Survey Number.

(3.) Though there is service connection in the old building at D. No. 58, since the same become unusable, as no one is residing, the petitioner wanted to give fresh service connection at his dwelling house at 19A or to transfer the said service connection at D. No. 58 in the name of the petitioner's father in his favour. The said request of the petitioner was turned down by the 1st respondent through the impugned order dated 20.09.2013. In the impugned order, the respondent has given reasons for rejection that the property at D. No. 58 stands in the name of the petitioner's father, whereas application had been filed by the petitioner and there is no property tax receipts stand in the name of the petitioner. Moreover, already there is a service connection at D. NO. 58. The petitioner, since claimed that property was inherited by him from his father, there is no document to that effect also, the 2nd respondent, who is none other than the brother of the petitioner, had also objected for giving service connection to the petitioner. In view of these defects, the request of the petitioner to give electricity service connection to his dwelling house was not considered and therefore, it was rejected. Challenging the said impugned order, the petitioner has come out with this writ petition.