S.D.Vinodkumar v. The Assistant Engineer/O & M

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.NO.7204 OF 2014 AND M.P.NO.1 OF 2014 S.D.Vinodkumar ...

Petitioner

Versus

1. The Assistant Engineer / O&M Adyar, Tamil Nadu Electricity Board Adyar, Chennai - 600 020.

2. Thiruvannamalai Devasthanam Rep. by Executive Officer / Joint Commissioner Thiruvannamalai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the first respondent in Na.Ka.No.A.E.E/O&M/Adyar/K:thani/Pa.No.015/12 dated 16.04.2012 and quash the same as illegal, un-warranted and in-operative in law and consequently directing the first respondent herein to receive petitioner application and give additional meter (commercial) electricity supply connection in respect of the main meter no.201-022-239 to the house bearing Door No.2A/26, Arunachalapuram First Street, Adyar, Chennai - 600 020, on the basis of his application dated 07.04.2012.

For Petitioner : Mr.R.Venkatesan For Respondent-1 :

Mr.S.K.Raameshuwar For Respondent-2 :

Mr.A.K.Sriram for M/s.A.S.Kailasam & Asso.

O R D E R

The petitioner's request for service connection was rejected on the ground that the same can be considered only by getting order from the second respondent. Challenging the same, the https://hcservices.ecourts.gov.in/hcservices/

present writ petition has been filed by the petitioner.

2. Learned Counsel appearing for the second respondent would submit that the premises for which the service connection sought for, does not belong to the said respondent and therefore, there is no question of granting No Objection Certificate.

3. In such of the matter, the impugned order, in the considered opinion of this Court, does not survive. After all, what the petitioner wanted is only the service connection, which may not be have any bearing of title, since it is based upon mere possession. In such view of the matter, the order impugned in the writ petition is set aside. Consequently, the second respondent is directed to effect service connection to the petitioner, within a period of four weeks from the date of receipt of a copy of this order, subject to other compliance.

4. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Assistant Engineer / O&M Adyar, Tamil Nadu Electricity Board Adyar, Chennai - 600 020.

2. Executive Officer / Joint Commissioner Thiruvannamalai Devasthanam Thiruvannamalai.

+1 CC to Mr. R. Venkatesan, Advocate sr 21483 +1 CC to M/s. A.S. Kailasam & Associates, sr 20884 W.P.NO.7204 OF 2014 SVI(CO) sp/21/4 https://hcservices.ecourts.gov.in/hcservices/