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T.Mariappan vs The Assistant Engineer

Madras High Court|02 December, 2009

JUDGMENT / ORDER

Heard the learned counsel for the petitioner and the learned counsels for the respondents.
2. The brief facts of the case, as stated by the petitioner, are as follows:
The petitioner had purchased the land located in Survey No.184, Keela Natham Village, Palayamkottai, Tirunelveli District, on 19.11.2001. The petitioner had also put up a house in the said land. He had also submitted that the house tax was also paid by the petitioner to the panchayat. It is stated that the Tamil Nadu Housing Board, has been claiming that the said property had been acquired and that it is in their possession from the year, 1992. However, no records are available with the Tamil Nadu Housing Board, in respect of the property in question. Thereafter, the petitioner had requested the Tamil Nadu Electricity Board to grant Electricity Service Connection to his house for which the house tax has also been paid. However, the first respondent had rejected the request of the petitioner. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.
3. It is stated by the learned counsel appearing for the first respondent that the petitioner, being a subsequent purchaser had encroached upon the land and he has been trying to put up constructions therein. He has also applied for an electricity service connection. In various writ petitions before this Court orders have been passed, rejecting the claims made by the petitioners therein.
4. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the first respondent, the first respondent is directed to grant temporary electricity service connection to the petitioner, as prayed for him, under Rule 27 of the Tamil Nadu Electricity Distribution Code, 2004, after obtaining the necessary indemnity bond from the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. However, it is made clear that the granting of electricity service connection to the petitioner, by the Tamil Nadu Electricity Board, will not confer any additional rights or interests in the property in question, said to be in the possession and occupation of the petitioner. The electricity service connection granted to the petitioner would be, purely temporary in nature. The writ petition is disposed of, with the above directions. No costs.
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Title

T.Mariappan vs The Assistant Engineer

Court

Madras High Court

JudgmentDate
02 December, 2009