← Library
Madras High CourtWP/4092/2018disposed of

Mr.C.Krishnan, v. The Superintending Engineer

2018-02-23Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.4092 of 2018 Mr.C.Krishnan S/o.T.Chellappan (late) .. Petitioner Vs.

1.The Superintending Engineer Tamil Nadu Electricity Board, Kanchipuram.

2.The Executive Engineer Tamil Nadu Electricity Board Thiruporur.

3.The Junior Engineer, Operations and Maintenance Tamil Nadu Electricity Board Sembakkam - 603 108, Thiruporur Taluk.

4.The Chairman, Tamil Nadu Electricity Board 10th Floor, NPKKR Maaligai, 144, Link Road, Anna Salai, Chennai-600 002.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to give the electricity service supply connection to the house of the petitioner situated at No.1/91, Pazhandiamman Koil Street, No.33, Kondangi Village, Melaiyur Post, Sembakkam Via. Thiruporur Taluk, Kanchipuram District comprised in Survey No.84/4 measuring to an extent Hec.0.04.0 Acres, Patta No.167 based on the application of the petitioner dated 24.04.2017 as early as possible.

For Petitioner : Mr.M.Ravikumar For Respondents : Mr.S.K.Rameshuwar Standing Counsel

O R D E R

Mr.S.K.Rameshwar, learned standing counsel takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a mandamus directing the respondents to give electricity service connection to his house, situated at No.1/91, Pazhandiamman Koil Street, No.33, Kondangi Village, Melaiyur Post, Sembakkam Via. Thiruporur Taluk, Kanchipuram District comprised in Survey No.84/4, measuring to an extent Hec.0.04.0 Acres, Patta No.167 based on his application dated 24.04.2017.

4. It is seen that the petitioner sought for electricity service connection to the subject matter premises, by making an application on 24.04.2017. It is further seen that the said application was rejected by the third respondent on 19.05.2017, by stating that there are some defects in the said application with regard to the claim of the petitioner on the extent / quantum of supply required for his premises. Thereafter, the petitioner represented the application on 26.05.2017 and further sent a notice through his lawyer on 24.07.2017, seeking for electricity supply. As those representations were not considered by the respondents, the petitioner has filed the present writ petition before this Court.

5. The learned standing counsel for the respondents, based on oral instructions, submitted that the petitioner's brother is objecting for providing the electricity supply to the petitioner and therefore, the respondents are not considering his request.

6. Needless to say that if an application is made by the petitioner, it is for the third respondent to consider and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the objector, if any. The third respondent, in any event cannot keep the application pending without passing any order. Therefore, this writ petition is disposed of, only by directing the third respondent to consider the application of the petitioner and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the objector, if any. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR mk To 1.

The Superintending Engineer Tamil Nadu Electricity Board, Kanchipuram.

2.The Executive Engineer Tamil Nadu Electricity Board, Thiruporur.

3.The Junior Engineer, Operations and Maintenance Tamil Nadu Electricity Board Sembakkam - 603 108, Thiruporur Taluk.

4.The Chairman, Tamil Nadu Electricity Board 10th Floor, NPKKR Maaligai, 144, Link Road, Anna Salai, Chennai-600 002.

+1 cc to Mr.S.K.Rameshuwar, Advocate SR.NO. 14261 +1 cc to Mr.M.Ravikumar, Advocate SR.NO. 14725 W.P.No.4092 of 2018 SR(CO) JK 06/03/18