G.Chella Perumal (Died) v. Gopalakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.347 of 2022 G.Chellaperumal (Deceased)

1. Sankari

2. Mohanraj

3. Yamuna Devi

4. Magesh Kumar

5. Divya .. Appellants/ LRs of the 4 th Respondent [Cause title accepted vide order dated 24.01.2022 in CMP No.402 of 2022 in WA No.SR 3157 of 2022] Vs.

1. Gopalakrishnan

2. The Tamil Nadu Electricity Board Ombudsman No.19-A, Rukmani Lakshmipathy Salai Egmore, Chennai 600 008.

3. The Consumer Grievance Redressal Forum Chennai Electricity Distribution Circle/South/TNEB K.K.Nagar, 110/33/11, KV SS Complex K.K.Nagar, Chennai 600 078.

4. The Assistant Engineer (O&M) TEDC/South, No.6A, Kannan Nagar TANGEDCO, Avvai Street, Selaiyur Chennai 600 073.

.. Respondents/Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 20.12.2021 in W.P.No.29113 of 2017. Prayer in W.P.No.29113 of 2017 Writ Petition filed under Article 226 of the Constitution of India, praying that in the circumstances stated therein and in the respective affidavit filed therewith the High Court will be pleased to for issue Writ of certiorarified Mandamus calling for the records in Appeal No.15 of 2017 / D963 dated 07.08.2017 on the file of the first respondent confirming the order of the https://hcservices.ecourts.gov.in/hcservices/

2nd respondent in petition No.160 of 2016 dated 21.01.2017 and to quash the same and issue direction to direct the third respondent herein to provide Electricity Service connection to the petitioner premises No.151/2A Camp Road Selaiyur Chennai 73 as per my representation dated 21.05.2016. For the Appellants : Mr.V.Lakshminarayanan

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Learned counsel for the appellants submits that the order under challenge was passed against a dead person. However, looking to the nature of controversy, learned counsel for the appellants prays for withdrawal of this appeal with liberty to challenge the electricity connection provided to the writ petitioner by the respondent Board.

2. As prayed, the appeal is dismissed as withdrawn with liberty as prayed for. There will be no order as to costs. Consequently, C.M.P.Nos.2766 and 2765 of 2022 are also closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kpl/drm To

1. The Tamil Nadu Electricity Board Ombudsman No.19-A, Rukmani Lakshmipathy Salai Egmore, Chennai 600 008.

2. The Consumer Grievance Redressal Forum Chennai Electricity Distribution Circle/South/TNEB K.K.Nagar, 110/33/11, KV SS Complex K.K.Nagar, Chennai 600 078.

3. The Assistant Engineer (O&M) TEDC/South, No.6A, Kannan Nagar TANGEDCO, Avvai Street, Selaiyur Chennai 600 073.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.13599 W.A.No.347 of 2022 NRL(CO) CT 08/03/2022 https://hcservices.ecourts.gov.in/hcservices/