M/S.Chitrakuta v. The Tamilnadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 14819 of 2013 and M.P.Nos.1 and 2 of 2013

1. M/s.Chitrakuta A Partnership firm, Represented by its partner, Lalit Kumar Bhutra, No.34, Godown Street, Chennai - 600 001.

2. Lalith Kumar Bhutra

3. Gayathri Bhutra

4. G.Hanshyam Dass Bisani

5. Ritert Kumar Bisani

6. Kamalesh Kumar Bisani

7. Amit Kumar Bisani

8. Sunita Devi Bisani

9. Piyush Bisani

10. Omprakash Bisani

...Petitioners

Vs

1. The Tamil Nadu Electricity Board, Rep. by its Chairman, No.800, Anna Salai, Chennai - 2.

2. The Superintending Engineer, C.E.D.C./West, J.J.Complex,

3. The Executive Engineer, (O&M)

4. The Assistant Executive Engineer, (O&M)

5. Chennai Metropolitan, Development Authority, Rep. by its Member-Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 4 to receive the application of the petitioners, process and consider and effect electricity service connection to the common area and the building put up at Plot No. 2935, New Door No.27, Old Door No.AL 216, AL Block, 14th Main Road Shanthi Colony, Anna Nagar, Chennai 40 in accordance with law and without insisting upon production of completition certificate/No objection certificate from the 5th respondent.

For Petitioners : M/s.D.S.Rajasekaran For Respondents : Mr.L.Jai Venkatesh Standing Counsel for TANGEDCO [For R1 to R4]

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 4 to receive the application of the petitioner process and consider and effect electricity service connection to common area without insisting upon production of completion certificate / No objection certificate.

2. Electricity Power supply connection is to be provided strictly in accordance with the provisions of the Act, Rules and Regulations. In the present case, the petitioner seeks Electricity service connection without insisting upon production of completion certificate/ No objection certificate from the Chennai Metropolitan Development Authority (CMDA).

3. Thus, the relief itself is misconceived and no electricity service connection shall be provided before

obtaining all necessary certificates from the competent authority under law.

4. This being the factum, in the event of submitting all the necessary documents, the case of the petitioner is to be considered for the purpose of providing electricity connection.

5. With these observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nti/jeni To

1. The Chairman, The Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai - 2.

2. The Superintending Engineer, C.E.D.C./West, J.J.Complex,

3. The Executive Engineer, (O&M)

4. The Assistant Executive Engineer, (O&M)

5. The Secretary, Chennai Metropolitan, Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

W.P.No. 14819 of 2013 and M.P.Nos.1 and 2 of 2013 SVI[co] NSK 03/12/2021