Madras High Court
S. Gopalamoorthy vs The Chairman on 29 April, 2022
Author: V.Bharathidasan
Bench: V.Bharathidasan
W.P.No.344 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN
W.P.No.344 of 2017
and
WMP.No.382 of 2017
S. Gopalamoorthy ... Petitioner
Vs
1. The Chairman,
Tamil Nadu Electricity Board,
Tamil Nadu Generation and Electricity
Distribution Corporation Ltd.,
Anna Salai, Chennai 600 002.
2. The Assistant Engineer (O & M)
Tamil Nadu Generation and Electricity
Distribution Corporation Ltd.,
Tamil Nadu Electricity Board,
Thamaraipalayam, Erode District.
3. Ramasamy ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus forbearing the second respondent from
granting permission for switch over the electricity service connection for the
https://www.mhc.tn.gov.in/judis
W.P.No.344 of 2017
3rd respondent borewell from the existing electricity service connection in
S.C.No.262 situated in S.No.115/21, Ichipalayam A Village, Erode District.
For Petitioner : Mr. C. Prakasam
For Respondents : Mr. Abulkalam,
Standing Counsel,
for R1 & R2
: Mr. T.Gowthaman,
for R3
ORDER
This writ petition has been filed seeking a direction to the respondents 1 & 2/Corporation to forbear the second respondent granting permission to switch over the electricity service connection for the third respondent borewell in S.C.No.262 situated in S.No.115/21, Ichipalayam A Village, Erode District.
2. According to the petitioner, the petitioner and the third respondent and two other persons are having right in the common Well situated in SF.115/21, for which an electricity service connection was obtained by all the share holders in the name of the third respondent S.C.No.262 and all the https://www.mhc.tn.gov.in/judis W.P.No.344 of 2017 co-owners are using the service connection and taking water by following the shift system. Now, the third respondent is digging borewell in his land and trying to get Electricity Service Connection for that borewell by way of switch over from the existing Service Connection in No.262. Apprehending that, if the switch over is permitted, the petitioner and other two co-owners would not be able to use the existing common Well, hence, the present writ petition has been filed.
3. The learned counsel appearing for the third respondent submited that, even though, there are other co-owners, the Service Connection was exclusively obtained by the third respondent and he is permitting the other co-owners to take water from the existing common Well. Now, he only wants to switch over the Electricity Service Connection to his borewell, which is situated in the neighbouring survey number, for which, the petitioner cannot have any grievance. He further submitted that if the petitioner gets switch over of the Electricity Service Connection, it would not cause any problem for the pettioner.
https://www.mhc.tn.gov.in/judis W.P.No.344 of 2017
4. Today, the respondlents 1 and 2 filed a memo stating that the Service Connection stands in the name of the third respondent as per the records and submitted that the grant of switch over of the Electricity Service Connection to the third respondent's borewell will not affect or impede the use of motor in the existing Well.
5. Considering the above said memo, if the permission is granted to the third respondent, in whose name the Service Connection as on today stands, it will not affect the use of existing motor by the petitioner and other co-owners, and the petitioner cannot have any grievance for granting permission for switching over the electricity connection to the third respondent. That apart, as on today, the Service Connection stands in the name of 3rd respondent alone and not in the joint name of all the co-owners. Hence, there is no merit in the writ petition and the same is liable to be dismissed.
https://www.mhc.tn.gov.in/judis W.P.No.344 of 2017
6. Accordingly, this writ petition is dismissed. It is made clear that the present order will no way affect the parties to get their title regarding the civil proceedings if any pending between the parties, and the Civil Court shall decide the issue on its own merits. No costs. Consequently, connected miscellaneous petition is closed.
29.04.2022 Index:Yes/No Speaking order : yes/no mrp To
1. The Chairman, Tamil Nadu Electricity Board, Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Anna Salai, Chennai 600 002.
2. The Assistant Engineer (O & M) Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Thamaraipalayam, Erode District.
https://www.mhc.tn.gov.in/judis W.P.No.344 of 2017 V.BHARATHIDASAN, J., mrp W.P.No.344 of 2017 29.04.2022 https://www.mhc.tn.gov.in/judis