The Tamilnadu Electricity v. M/S.Prasanth Fertility
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A. No.186 of 2015 and M.P. No.1 of 2015 The Tamil Nadu Electricity Board represented by its Chairman No.800, Anna Salai Chennai 600 002 The Superintending Engineer Tamil Nadu Electricity Board CEDC/South, 110 KV, S.S. Complex K.K. Nagar Chennai 600 078 The Executive Engineer (O & M) Tamil Nadu Electricity Board Adyar, Near Tidel Park Taramani Road Chennai 600 113 The Assistant Executive Engineer (O & M) Tamil Nadu Electricity Board Velachery, Chennai 600 042 Appellants/ Respondents 1 to 4 vs.
M/s.Prasanth Fertility Research Centre (P) Ltd. Represented by its Director Dr. C. Geetha Haripriya M/s.Accurate Foundations Private Ltd.
Represented by its Director Dr. Geetha Haripriya New Door No.285 & 287, Velachery Main Road Velachery Chennai 600 042 ...Writ petitioners 1 & 2
Chennai Metropolitan Development authority represented by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008 Respondents 1 to 3/ 5th Respondent Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 19.06.2014 passed in W.P. No.27404 of 2013. W.P.No.27404 of 2013:-This petition praying for the issuance of a writ of mandamus to direct the respondents 1 to 4 to receive the application from the petitioners and to provide electricity service connection for the building put up at Old Door No.36A (forming part of Old Door Nos.36 and 36A) Velacherry Chennai 42 without insisting upon completion certificate from the 5th respondent. For appellant Mr. P. Gunaraj For RR 1 & 2 Mr. Abishek for M/s. A. Jenasenan For R3 Mr. Raja Shrinivas
JUDGMENT
(Judgment of the Court was delivered by SATISH K. AGNIHOTRI, J.) This writ appeal is directed against the order dated 19.06.2014 passed in W.P. No.27404 of 2013.
The learned counsel for the private respondents herein (hereinafter referred to as "the writ petitioners") would submit that the writ petitioners had already obtained the requisite completion certificate in respect of the property in question. The writ petitioners have filed an application for grant of electricity service connection in accordance with law. The writ petitioners do not want any exemption. in respect of the requirement of production of completion certificate. In that view of the matter, no interference is warranted, at this stage.
On a perusal of the impugned order passed by the Writ Court, it appears that a direction has been given to the appellants herein to consider the application of the writ petitioners for electricity connection, de hors the completion certificate from the C.M.D.A., which is sine qua non for obtaining electricity connection.
In the case on hand, since the writ petitioners are ready and willing to supply all the requisition information/certificates, including completion certificate, no further order is necessary. We further clarify that the case of the writ petitioners for grant of electricity connection shall be considered on merits and in accordance with law, at the earliest.
The writ appeal stands disposed of with the above observation. Connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar cad To The Chairman The Tamil Nadu Electricity Board No.800, Anna Salai Chennai 600 002 The Superintending Engineer Tamil Nadu Electricity Board CEDC/South, 110 KV, S.S. Complex K.K. Nagar Chennai 600 078 The Executive Engineer (O & M) Tamil Nadu Electricity Board Adyar, Near Tidel Park Taramani Road Chennai 600 113 The Assistant Executive Engineer (O & M) Tamil Nadu Electricity Board Velachery, Chennai 600 042 1 cc to Mr.P. Gunaraj, Advocate, sr. 12470 1 cc to Mr.K. Raja Shrinivas, advocate, Sr. 12381 W.A. No.186 of 2015 JSV (CO) kk 13/3