M BAGAVATHI Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The writ petition is filed seeking a writ of mandamus forbearing the first respondent from granting electricity service connection for the premises bearing Plot No.20, VOC Nagar, Valluvar Colony, Madurai-625 017 in the absence of preliminary planning approval for the premises in question.

(2.) The petitioner would contend that she is the absolute owner of plot No.21, V. O. C. Nagar, Valluvar Colony, Madurai. She purchased the same in the year 1992 under the sale deed dated 15.05.1992 and put up a residential house in the year 1993. To the south of her plot lies plot No.20 belonging to one Ashok Kumar, a promoter of lay out. Since an unauthorised construction was put up in Plot No.20, the petitioner filed a civil suit in O. S. No.95 of 2007 on the file of the District Munsif, Madurai Taluk, Madurai.

(3.) The second respondent, N. M. C. Hemnath has contended in the said suit that he has been putting up construction having purchased Plot No.20, he has applied for electricity connection, after the construction was almost over. The construction has been put up without obtaining any approval from the Local body. Granting electricity connection to such premises constructed unauthorisedly would be a clear act of illegality. Electricity connection can be given only to the premises lawfully constructed as per Sec.43 of the electricity Act, 2003, (hereinafter referred to as 'the Act' ). Hence the writ petition.