Sri Laxmi Narasimha Constructions v. Eastern Power Distribution Company Of Andhra Pradesh Ltd.,

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.11989 of 2015 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the respondents in insisting 'No Objection Certificate' from the local body for sanction of the Transformer at the complex of the petitioner having sanctioned the single phase service connection as illegal and arbitrary and consequently direct the respondents to supply the Transformer to the petitioner's complex without insisting NOC. Heard and perused the material.

Learned counsel for the petitioner submits that the respondents are insisting the 'No Objection Certificate' from the Gram Panchayat even though the petitioner is having approved layout by the same Gram Panchayat and hence, prays this Court to direct the respondents to supply the Transformer to the petitioner without insisting 'No Objection Certificate'. This Court is of the view that the petitioner has approached this Court on apprehension that the respondents may refuse to supply the Transformer to the petitioner without the 'NOC'. The petitioner has not placed any order passed by the respondents rejecting the application made by the petitioner for supply of the Transformer to the petitioner's complex.

In view of the above, the writ petition is disposed of with a direction to the respondents to consider the application of the petitioner for supply of the Transformer for erecting the same in the petitioner's complex, if the petitioner complies with all the Rules and Regulations applicable for supply of the Transformer, and pass appropriate orders. Further, if the respondents pass any order of rejection for non-filing of the 'No Objection Certificate' by the petitioner, the petitioner is at liberty to approach this Court against

the said order.

The writ petition is accordingly disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any shall also stand disposed of.

_____________________ JUSTICE RAJA ELANGO 23.04.2015 pln