B.Susindra v. The Assistant Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.723 of 2017 B.Susindra ..
Petitioner -vs1. The Assistant Engineer Office of the Assistant Engineer Tamil Nadu Electricity Generation and Distribution Ernavur Distribution Department Tiruvottiyur, Chennai
2. The District Environmental Engineer Office of the District Environmental Engineer Tamil Nadu Pollution Control Board No.77 A, South Avenue Road Ambattur, Chennai 600 058
3. The Chairman and Managing Director Office of the Chairman and Managing Director Tamil Nadu Electricity Generation and Distribution No.144, Anna Salai, Mount Road Chennai ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for records in KA.No2.DO/EB/Ernavur/Ko.DOC/B5/17 dated 3.1.2017 on the file of the first respondent and quash the same as illegal, arbitrary and against basic principle of natural justice and consequently direct the first respondent to restore the electricity connection vide connection no.016-071-331 by this Hon'ble Court.
For Petitioner :: Mr.M.Sunil Kumar For Respondents :: Mr.P.R.Dhilip Kumar 1 & 3
ORDER
This writ petition has been filed by Mrs.B.Susindra, Wife of Mr.V.Balamurugan challenging the impugned proceedings issued by the Assistant Engineer, Tamil Nadu Generation and Distribution
Corporation Ltd., Ernavur Distribution Circle, Tiruvottiyur, Chennai, in and by which the first respondent, wrongly disconnecting the electricity service connection provided to the petitioner on 30.12.2016, has directed the petitioner to produce the no objection certificate from the Tamil Nadu Pollution Control Board, citing a reason that the Tamil Nadu Pollution Control Board, in its proceedings dated 16.12.2016, had directed the Superintending Engineer, TANGEDCO, Thirumangalam complex to stop the power supply to the unit of M/s S.S.Plastics at No.33, Thulasiram Nagar, Sathangadu, Tiruvottiyur, Chennai, without even verifying that the unit at Door No.33, Thulasiram Nagar, Sathangadu, Tiruvottiyur, Chennai is having so many connections.
As the petitioner is running only a warehouse and godown, a detailed written representation was submitted on 30.12.2016, as cutting and slitting units were not included in the disconnection list, requesting the first respondent to restore the electricity service connection and do the needful. But the first respondent till date has not come forward to restore the electricity service connection to the petitioner's warehouse and godown.
2. It is at this time, the learned standing counsel for the respondents submitted that since the electricity service connection to the petitioner's warehouse and godown bearing No.016-071-331 has been restored yesterday (9.1.2017), the prayer made by the petitioner has become infructuous. He has also submitted that when the Tamil Nadu Pollution Control Board, in its proceedings No.T8/TNPCB/F-28861/AMB-2/EB/2016 dated 16.12.2016, had directed the Superintending Engineer, TANGEDCO, Chennai Electricity Distribution Circle/West, Thirumangalam Complex to stop the power supply to the unit of M/s S.S.Plastics at No.33, Thulasiram Nagar, Sathangadu, Tiruvottiyur, Chennai with immediate effect, acting on the said instruction, the electricity service connection given to the Door No.
33, Thulasiram Nagar, Sathangadu, Tiruvottiyur, Chennai were disconnected. But later on, after receiving the reply from the petitioner, it was found that the name of the petitioner has not been shown in the list for disconnection of the service connection. Secondly, the petitioner, under his tenant Sri Balaji Steels, is running a warehouse and godown.
3. Since the electricity service connection bearing No.016071-331 provided to the petitioner's warehouse and godown has been now restored, the prayer made by the petitioner has become infructuous. Accordingly, the writ petition is dismissed as infructuous. Consequently, W.M.P.No.763 of 2017 is also dismissed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To
1. The Assistant Engineer Office of the Assistant Engineer Tamil Nadu Electricity Generation and Distribution Ernavur Distribution Department Tiruvottiyur, Chennai
2. The District Environmental Engineer Office of the District Environmental Engineer Tamil Nadu Pollution Control Board No.77 A, South Avenue Road Ambattur, Chennai 600 058
3. The Chairman and Managing Director Office of the Chairman and Managing Director Tamil Nadu Electricity Generation and Distribution No.144, Anna Salai, Mount Road Chennai +1cc to Mr.P.R. Dhilipkumar, Advocate, S.R.No.2186 +2cc to Mr.M. Sunilkumar, Advocate, S.R.No.2212 sv(CO) md(31/01/2017) W.P.No.723 of 2017