Madras High Court
B.R.Beedu vs The Assistant Executive Engineer on 25 October, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.16752 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.16752 of 2024
and
W.M.P.No.18410 of 2024
B.R.Beedu
S/o.Bhoja Rao Beedu ... Petitioner
Vs.
1.The Assistant Executive Engineer,
O&M/R.S.Puram/North,
TANGEDCO, Alagesan Road,
Coimbatore - 641 011.
2.K.Murali
S/o.R.Krishnamurthy ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for the
records relating to the proceedings No.Lr.No.AEE/O&M/RSPuram/N/CI/
F.Sep/-D.No.261/2023, dated 23.11.2023, as confirmed by his subsequent
proceedings in Lr.No.AEE/O&M/RSPuram/North/F.Petition.D.No.293/-
2023, dated 27.12.2023 as confirmed by his proceedings in
Lr.No.AEE/O&M/RS Puram/N/CI/F-Pat/D.No............/2024, dated
02.02.2024, all on the file of the first respondent herein and to quash the
same and direct the first respondent to provide the service connection to the
petitioner in respect to the Flat No.2A, "BEEDUS LEXUS RESIDENCY"
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W.P.No.16752 of 2024
in T.S.No.38/7 in Corporation Division No.12, in Block No.3 in Ramalinga
Nagar II Layout, Coimbatore, in accordance with the law and the procedure
within a time frame as may be fixed by this Court.
For Petitioner : Mr.Subbiah, Senior Counsel
for Ms.Elizabeth Ravi
For Respondents : Mr.L.Jai Venkatesh,
Standing Counsel [R1]
Mr.M.S.Seshadri [R2]
ORDER
This writ petition has been filed for a Writ of Certiorarified Mandamus calling for the records relating to the proceedings No.Lr.No.AEE/O&M/RSPuram/N/CI/ F.Sep/-D.No.261/2023, dated 23.11.2023, as confirmed by his subsequent proceedings in Lr.No.AEE/O&M/RSPuram/North/F.Petition.D.No.293/-2023, dated 27.12.2023 as confirmed by his proceedings in Lr.No.AEE/O&M/RS Puram/N/CI/F-Pat/D.No............/2024, dated 02.02.2024, all on the file of the first respondent herein and to quash the same and direct the first respondent to provide the service connection to the petitioner in respect to the Flat No.2A, "BEEDUS LEXUS RESIDENCY" in T.S.No.38/7 in _________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.16752 of 2024 Corporation Division No.12, in Block No.3 in Ramalinga Nagar II Layout, Coimbatore.
2. The petitioner alleges that the second respondent has fraudulently claiming ownership of Flat No.2A owned by the petitioner and has applied online application for electricity connection to the said Flat No.2A vide application dated 07.11.2023. A legal notice was issued by the learned counsel for the second respondent to the first respondent in this regard. The first respondent / TANGEDCO by taking into consideration the sale deed in favour of the second respondent has rejected the online application of the petitioner. Challenging the same, the petitioner is before this Court.
3. The learned counsel for the petitioner submitted that the petitioner made a compliant to the National Commission for Consumer Disputes Redressal, New Delhi in Consumer Compliant No.129 of 2023 and the same is also pending. Further, the petitioner is also prepared to file a civil suit.
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4. The learned counsel appearing for the second respondent submitted that the petitioner has not filed any proceedings before the Civil Court seeking cancellation of the registered instruments. Therefore, the title to the property stands clearly in the name of the second respondent. Based on registered documents, the second respondent has been paying property tax for the last three years and had duly applied for electricity connection. The question of cancellation of electricity service in his favour and instead provision of the same in favour of the petitioner does not arise when the registered documents in favour of the second respondent are in force and have not been challenged by the petitioner. Therefore, the present petition is liable to be dismissed.
5. The petitioner and the second respondent is on the loggerheads with respect to the Flat No.2A. The petitioner has filed a complaint before the National Commission for Consumer Disputes Redressal, New Delhi in Consumer Complaint No.129 of 2023. The second respondent has also filed a Consumer Complaint against the petitioner in C.C.No.1 of 2024 on the file of the State Consumer Disputes Redressal Commission, Chennai. _________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.16752 of 2024
6. The petitioner is also prepared to file a civil suit. It is not fair on the part of the first respondent to give electricity connection either to the petitioner or to the second respondent. The relief as sought for in the writ petition cannot be granted. As the ownership of the flat can be decided only after the decision to be taken in the civil suit to be filed by either parties. The petitioner and the second respondent are at liberty to work out their remedy in the manner known to law.
7. With the above observations, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
25.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The Assistant Executive Engineer, O&M/R.S.Puram/North, TANGEDCO, Alagesan Road, Coimbatore - 641 011.
_________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.16752 of 2024 M.DHANDAPANI, J.
vji W.P.No.16752 of 2024 and W.M.P.No.18410 of 2024 25.10.2024 _________ Page 6 of 6 https://www.mhc.tn.gov.in/judis