A. PURUSOTHAMAN Vs. JUNIOR ENGINEER TANGEDCO THIRUPADIRIPULIYUR CUDDALORE

JUDGEMENT

(1.) The petitioner is a permanent resident of No.2, Mettu Street, Suranayakkansavadi, Cuddalore and the said property belongs to the petitioner's parents, who were blessed with ten children. As the petitioner's family is a Hindu Undivided Family, a civil dispute with regard to the partition of the said property is under the active consideration. But after the demise of the petitioner's parents, namely, late A.Arumugam and late Tmt.Gnanam, he has constructed a portion on the first floor with proper approval and acknowledgment from the other joint owners. Since the construction of a portion in the first floor has been completed, domestic electricity service connection was sought for by moving an appropriate application to the respondents. Before making the application, on the request of the petitioner, the Village Administrative Officer also has made a spot inspection and thereupon he has also issued a certificate dated 7.12.2016 stating that the petitioner is the lawful occupant of the premises consequent to the demise of his parents. When the petitioner had submitted the application with all the documents, the same was returned on 14.12.2016 by the Junior Engineer, TANGEDCO, Thirupadiripuliyur directing the petitioner to produce the No Objection Certificate from all the members of the Hindu Undivided Family to process the application. Since the denial of electricity service connection to the petitioner is against the well established legal position, he has been advised to come to this Court. Taking support from the judgment of this Court in the case of A. Muthusamy and others Vs. The Assistant Engineer, Tamil Nadu Electricity Board, K.T.C. Nagar, V.M. Chathiram, Tirunelveli, 2009 (4) CTC 606, it was submitted that the electricity service connection can be given to persons who are in occupation of premises even if their ownership is under dispute provided they furnish indemnity bond and pay necessary fee, etc. In the present case, when the petitioner is admittedly a permanent resident of No.2, Mettu Street, Suranayakkansavadi, Cuddalore, which belongs to the parents of the petitioner, who are no more, after putting up construction of a portion in the first floor, he has made the application along with the copy of the certificate issued by the Village Administrative Officer dated 7.12.2016 seeking domestic electricity service connection. Therefore the respondents cannot return the application submitted by the petitioner.

(2.) The learned standing counsel, taking notice on behalf of the respondents, on instructions submitted that he has come to know that the petitioner's premises is already having two electricity service connections, one in the name of his mother (since deceased) and another in the name of his brother and only because of the objection made by one of the members in the family, the application has been returned.

(3.) Heard the learned counsel for the parties.