R.Logabai v. The Assistant Executive Engineer

2024:MHC:6352

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH R.Logabai .. Petitioner vs 1.The Assistant Executive Engineer, Tamil Nadu Electricity Board, No.275 A/2, (Old No.42) Vijaya Nagar, Velachery Main Road, Thandeeswarar, (Near J7 Police Station) Velachery, Chennai - 600 042.

2.Ravi "Ravi Chicken Broilers", Shop No.8, Vijayanagar, 1st main road, Velachery, Chennai - 600 042 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st respondent to disconnect a separate new electricity connection given to the 2nd respondent's shop namely Ravi Chicken Broilers situated at No.8, Vijayanagar, 1st main road, Velachery, Chenai - 600 042 For Petitioner :

No appearance For Respondents :

Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh 1/4

Standing Counsel for R1 No appearance for R2

ORDER

Read this order in continuation of and in conjunction with order dated 25.01.2021, wherein my predecessor has noted in paragraph No.3 as follows:- "3. It appears that there is a dispute between the petitioner/landlord and the 2nd respondent/tenant and the issue is pending before the Rent Control Court. Pending RCOP proceedings, the 2nd respondent has approached this Court and has obtained an order dated 17.04.2017 for considering his representation filed under Section 27(4) of the Supply Code. Based on the said order, a separate service connection was also effected in the name of the tenant/2nd respondent in the property belonging to the petitioner. Now, the petitioner pleads that she was not made any application for disconnection of the service connection and hence, necessity for providing new service connection does not arise. The petitioner shall file an affidavit in that regard."

2. Today, there is no appearance either for the petitioner or for R2. The prayer of the petitioner is for a mandamus directing R1 to disconnect the separate electricity connection to R2 shop.

3. In light of the facts as captured in paragraph 3 of the order dated 25.01.2021, mandamus as sought for is not liable to be granted and 2/4

the petitioner is at liberty to seek such relief, if she is entitled to elsewhere, and in an appropriate manner.

4. This writ petition is disposed in the above terms. No costs. 14.02.2024 Index:Yes/No mpl To The Assistant Executive Engineer, Tamil Nadu Electricity Board, No.275 A/2, (Old No.42) Vijaya Nagar, Velachery Main Road, Thandeeswarar, (Near J7 Police Station) Velachery, Chennai - 600 042.

3/4

DR. ANITA SUMANTH,J.

mpl 14.02.2024 4/4