THANGAIYAN Vs. SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION (TANGEDCO)

JUDGEMENT

(1.) This Writ Petition is filed to forbear the 2nd respondent not to provide electricity service connection to the flour mill situated in S.No.250/2C, Papapatti Revenue Village, Pudukkottai viduthi village, Karambakudi Taluk, Pudukkottai District.

(2.) The petitioner is the brother of the third respondent and paternal uncle of the fourth respondent. The third respondent filed a suit for partition and mandatory injunction not to disconnect the power supply before the trial Court and the same was dismissed holding that the father of the petitioner and third respondent has independent title over the property in question viz., the rice mill. The third respondent filed an appeal against the judgment and decree and the same is pending. During pendency of the appeal, the fourth respondent has converted his residence and established a flour mill in the said place. He sought for electricity connection to that flour mill, which was objected to by the petitioner. Thereafter, the petitioner filed the present writ petition for a direction to forbear the second respondent from providing electricity service connection to the fourth respondent.

(3.) As per the judgment of trial Court, suit item No.60 is a rice mill, which is an independent property of the father of the petitioner and third respondent viz., Muthusamy Konar, he having purchased the same in the year 1971 by virtue of a registered sale deed. The said Muthusamy Konar executed a WILL in favour of his grandson viz., Kalaivanan, son of the petitioner and thereby the said Kalaivanan has become the exclusive and absolute owner of the property. Therefore, according to the petitioner, the fourth respondent cannot be held to be lawful possession of the property and thus, he is not entitled to get electricity service connection.