K.Vijayakumar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.10827 of 2014 and M.P.No.1 of 2014 K.Vijayakumar
...Petitioner
Vs
1. The Chairman 144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer CEDC/North, at No.144 Anna Salai, Chennai 600 002
3. The Assistant Engineer/Operation & Maintenance Perambur West, Chennai - 600 011.
4. Mr.Sivaguru ... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ or order or direction, particularly in the nature of Writ of Certiorarified Mandamus, to call for the records pertaining to the Letter K.No./AE/O & M/Pera/Va.Aa/2.No.199 dated 24.3.2014, on the file of the third respondent, quash the same and to direct the respondents 2 & 3 herein to forthwith process the petitioner's application dated 20.03.2014 made in his capacity as a Co-Owner/Legal Occupant and sanction separate electricity service connection in his name, at No.31 Foxen Street, Perambur, Chennai - 600 011. For Petitioner :Mr.R.Selvakumar For Respondents :Mr.P.R.Dhilip Kumar for R1 to R3 M/s.Achari and Antoni for R4
O R D E R
The order directing the writ petitioner to submit the documents and payment of tax receipt and patta is under challenge in this writ petition.
2.Admittedly, the writ petitioner and the 4th respondent are cousins and living in the same building. On account of certain private disputes, the writ petitioner submitted an application seeking a separate service connection from the Electricity Board. The respondent Board directed the writ petitioner to submit the documents, since the petitioner and the 4th respondent are cousin brothers and joint owners of the property and the writ petitioner explained that he is entitled to have a separate service connection as per Regulation 27(4) of the Tamil Nadu Electricity Board.
The third respondent filed a counter, admitting the claim of the writ petitioner by stating that the third respondent is willing to consider the request of the petitioner as per regulation 27(4) of the Tamil Nadu Electricity Board, by getting a bond and provide the petitioner to submit the requisite documents. The petitioner is directed to submit the required documents to the Electricity Board and in the event of submitting the same, the respondents are directed to consider the case of the writ petitioner for providing a separate service connection in the premises of the writ petitioner. The said exercise shall be done by the respondents within a period of eight weeks from the receipt of a copy of this order. 3.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kak To
1. The Chairman 144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer CEDC/North, at No.144 Anna Salai, Chennai 600 002
3. The Assistant Engineer/Operation & Maintenance Perambur West, Chennai - 600 011.
+1cc to Mr.R.Selvakumar, Advocate, S.R.No.36366 +1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.39420 W.P.No.10827 of 2014 na(co) cs/29/06/18