R.Seshadri Prasad v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM

THE HON'BLE Mr. JUSTICE N.ANAND VENKATESH W.P.No.2585 of 2021 and W.M.P.No.2922 of 2021 R.Seshadri Prasad ..Petitioner Vs

1. The Superintending Engineer, TANGEDCO, CEDC/South-II, K.K.Nagar, Chennai-600078.

2. The Executive Engineer, (O & M), TANGEDCO, Tambaram Division, Tambaram, Chennai-600045.

3. The Assistant Executive Engineer (O & M), TANGEDCO, No.25, Ashok Lane, Cantonment Area, Pallavaram, Chennai-600043.

..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Certiorarified Mandamus, directing the respondents to forthwith restore the Electricity Service Connection No.246-004-4193 to the Petitioner's shop situated at Survey No.273, Putheri, Jameen Pallavaram, Pallavaram Taluk, Chengalpattu District.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.L.Jai Venkatesh, Standing Counsel

ORDER

This writ petition has been filed for the issue writ of mandamus, directing the respondents to restore the electricity service connection to the shop of the petitioner.

2. When the matter came up for admission on 08.02.2021, this Court passed the following order;

"The case of the petitioner is that all the Authorities have granted permission to the petitioner for put up a shop at Survey No.273, Putheri, Jamen Pallavaram, Pallavaram Taluk, Chengalpattu District. He is also running an Aavin Parlour for the past six months in the said place. All of a sudden, the respondent/Electricity Board has disconnected the service connection without affording an opportunity and without issuing any notice and without valid reasons.

2. In view of the above, there shall be an interim direction, directing the respondent to restore the Electricity Service Connection No.246004-4193 to the petitioner's shop until further orders.

Post this matter after four weeks."

3. When the matter was taken up for hearing today, the learned standing counsel appearing on behalf of the respondents submitted that the respondents did not disconnect the service connection. It was further submitted that there was an amount of Rs.3,211/- which was due and payable by the petitioner and the petitioner also made the payment on 29.12.2020. The disconnection had not taken place on account of any action from TANGEDCO and there was some other party who was involved and prevented from granting electricity connection to the petitioner's shop.

4. In view of the specific stand taken by the learned Standing Counsel appearing for the respondents and also of the fact that the electricity service connection has already been restored to the shop of the petitioner and there is no complaint with regard to any amount due and payable by the petitioner, there shall be a direction to the respondents to continue the electricity service connection to the petitioner's shop and the petitioner shall also pay the Current Consumption Charges without any default. In view of the order passed in the writ petition, the Miscellaneous Petition in WMP.No. 7861 of 2021 filed by the petitioner is withdrawn by the learned counsel for

the petitioner.

5. This writ petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar ak To

1. The Superintending Engineer, TANGEDCO, CEDC/South-II, K.K.Nagar, Chennai-600078.

2. The Executive Engineer, (O & M), TANGEDCO, Tambaram Division, Tambaram, Chennai-600045.

3. The Assistant Executive Engineer (O & M), TANGEDCO, No.25, Ashok Lane, Cantonment Area, Pallavaram, Chennai-600043.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.39679 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.39931 W.P.No.2585 of 2021 and W.M.P.No.2922 of 2021 PA(CO) SU(25/08/2021)