Madras High CourtWP/7859/2017disposed of

Atc Telecom Infrastructure Pvt v. Assistant Engineer,

2017-06-21Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.7859 of 2017 ATC Telecom Infrastructure Pvt.Ltd., Circle Office at: Celestial Point No.45, Dhamodharan Street, T.Nagar, Chennai - 600 017, Represented by its Deputy Manager (Legal) ... Petitioner Vs.

1. Assistant Engineer, Works and Maintenance, West Division, TANGEDCO, Gandhi Nagar, Madhi Nagar, Katpadi Taluk, Vellore District.

2. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Rep.by its Chairman NPKR Maligai, 144, Anna Salai, Chennai - 600 002.

3. Nithya ... Respondents (R-3 impleaded as per order dated 13.04.2017 in WMP.No.9396/2017 in WP.No.7859/2017) Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records culminating in the impugned order of the 1st Respondent letter bearing Ka No.167/AE/W&M/W/G.Nagar/2016/17 dated 04.02.2017 and to quash the same and direct the First Respondent to supply electricity to the Ground Based Tower erected by the Petitioner in the vacant land situated at, No.10/05, Harihanth Nagar, 1st Street, Kazhinjur, comprised in S.No.317/1A2 and 321/1B2, Katpadi Taluk, Vellore District, belonging to Mrs.S.Jamuna and Mr.Settu.

For Petitioner : Mr.J.Ravikumar For Respondents 1 & 2 : Mr.Varunkumar For Respondent 3 : No Appearance

O R D E R

The writ petition has been filed challenging the order of the first respondent dated 04.02.2017, by which, the petitioner was asked to produce the relevant documents as objection has been raised by the 3rd respondent.

2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondents 1 and 2. 3.From the documents produced by the learned counsel appearing for respondents 1 and 2, it appears that final order was passed on 21.02.2017 closing the application, as the petitioner has not produced the relevant records. 4.In view of the subsequent development, nothing survives for adjudication. However, liberty is given to the petitioner to give a fresh application enclosing the relevant documents. As and when the same is given, the 1st respondent shall dispose it of , after due notice to the petitioner as well as the 3rd respondent within a period of four weeks from the date of receipt of the application. It is made clear that while doing so, the first respondent shall take into consideration the earlier order passed by this Court.

5.With the above observation and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar raja To

1. The Assistant Engineer, Works and Maintenance, West Division, TANGEDCO, Gandhi Nagar, Madhi Nagar, Katpadi Taluk, Vellore District.

2. The Chairman Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKR Maligai, 144, Anna Salai, Chennai - 600 002.

+1cc to Mr.J.Ravikumar, Advocate, S.R.No.43511 +1cc to Mr.M.Varunkumar, Advocate, S.R.No.43848 +1cc to Mr.S.Sathia Chandran, Advocate, S.R.No.43662 W.P.No.7859 of 2017 NR(CO) CA(27/06/2017)