R.Pandiammal & Ors. v. 1.T

THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.4367 to 4374 of 2010 M.P.No.1 of 2010 in all Writ Petitions R.Pandiammal ... Petitioner in W.P.No.4367 of 2010 D.Visalakshi ... Petitioner in W.P.No.4368 of 2010 C.Rangasamy ... Petitioner in W.P.No.4369 of 2010 G.Manoharan ... Petitioner in W.P.No.4370 of 2010 M.M.Mohamed Ali ... Petitioner in W.P.No.4371 of 2010 P.Easwaramurthy ... Petitioner in W.P.No.4372 of 2010 K.Arjunan ... Petitioner in W.P.No.4373 of 2010 K.Natarajan ... Petitioner in W.P.No.4374 of 2010 -Vs.-

1.The Assistant Engineer, Tamil Nadu Electricity Board, Nallur  641 606, Tiruppur, Tiruppur District.

2.The Executive Officer, Arulmighu Vishweswara Swamy Temple, Kangeyam Road, Tiruppur, Tiruppur District. ... Respondents in all W.Ps. Writ Petition No.4367 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.287 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.133, Site No.6, Kanchi Nagar 1st Street, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4368 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.284 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.165, Site No.9, Thiruvengada Nagar 1st Street, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4369 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.282 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.155, Site No.1, Jai Nagar, Boyar Colony, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4370 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 31.12.2009 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.31 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.133, Site No.8, Kasipalayam Road, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4371 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.286 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.133, Site No.22, Kanchi Nagar, 3rd Street, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4372 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.285 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.165, Site No.69, Thiruvengada Nagar Second Street, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4373 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.281 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.133, Site No.28, Kanchi Nagar, first Street, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. Writ Petition No.4374 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to order dated 25.2.2010 passed in Ka.No.Assistant Engineer/Nallur/Dvn.Indl./Ka.No.283 and quash the same and consequently direct the 1st respondent to give Electricity Service Connection to the house in S.F.No.182, Site No.7, Sudarmani Jai Nagar East third Cross Street, Nallur, Tiruppur-6, Tiruppur District on receipt of the application for electricity service connection from the petitioner. For petitioner in all W.Ps. : Mr.N.Srinivasan For respondents in all W.Ps. : Mr.T.Ravindran for R1 : Mr.T.Chandrasekaran for R2 ----- COMMON ORDER All the 8 petitioners claim to be the owners of the property for which they seek electricity service connection.

2. Learned counsel for the second respondent temple states that the land belongs to the second respondent temple. The first respondent Assistant Engineer, Electricity Board, has refused to give electricity service connection stating that the tax receipt issued by the municipality should be enclosed along with the application.

3. As far as the first respondent is concerned, learned counsel appearing for the first respondent Electricity Board states that the Electricity Board is willing to give service connection, provided the consumer furnishes an indemnity bond in terms of Regulation 27(12) of the Tamil Nadu Electricity Distribution Code.

4. The learned counsel for the petitioner states that if the second respondent temple authorities are able to establish that the land belongs to the temple, the petitioners are willing to pay the appropriate rent as may be fixed in accordance with law by the competent authority. Recording such statement, all the eight Writ Petitions are ordered as follows:- "The first respondent Electricity Board is directed to provide service Connection to the petitioner in all the writ petitions for domestic consumption on furnishing an indemnity bond as prescribed under Regulation 27(12) of the Tamil Nadu Electricity Distribution Code within four weeks from the date of receipt of a copy of this order along with application. On submitting the application, the first respondent shall consider the application on merits and in accordance with law and provide the domestic electricity service connection if the application is otherwise in order. No costs. Consequently, connected miscellaneous petitions are closed." To

1.The Assistant Engineer, Tamil Nadu Electricity Board, Nallur  641 606, Tiruppur, Tiruppur District.

2.The Executive Officer, Arulmighu Vishweswara Swamy Temple, Kangeyam Road, Tiruppur, Tiruppur District