D.Rajavel, S/O.A.Dharmaraj v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.4999 of 2017 and W.M.P.No.5260 of 2017 D.Rajavel
...Petitioner
/versus/
1. The Chairman, Tamil Nadu Generation & Distribution Corp. Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2. The Superintendent Engineer, (EDC - NORTH) TANGEDCO, No.144, Anna Salai, Chennai - 600 002.
3. The Executive Engineer, (Operation & Maintenance) TANGEDCO, No.805, T.H.Road, Tondiarpet, Chennai 600 021.
4. The Assistant Executive Engineer, (O & M), TANGEDCO, Bakthavatchalam Street, Minjur - 601 203.
5. M.Subramani
...Respondents
Prayer:
Writ petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus or any other appropriate Writ, direction or order directing the Respondents 1 to 4 to restore Electric Service connection to the Petitioner's tenanted Shop portion in the name and style of "JESSY LADIES TAILOR & FANCY STORE"(being 4th Shop on the Northern side) measuring 80 square feet (10 x 8) in the building bearing No.497, T.H.Road, Opp. To Block Development Office, Minjur - 601 203, Ponneri Taluk, Thiruvallur District, which was arbitrarily disconnected on 01.02.2017 forthwith on the basis of
Petitioner's representation dated 01.02.2017 and legal notice dated 03.02.2017 in accordance with law.
For Petitioner :Mr.N.R.Anantha Ramakrishnan For R1 to R4 : Mr.P.R.Dhilipkumar For R5 : Mr.R.Venkatesulu
O R D E R
This writ petition has been filed for issuance of Writ of Mandamus or any other appropriate Writ, direction or order directing the Respondents 1 to 4 to restore Electric Service connection to the Petitioner's tenanted Shop portion in the name and style of "JESSY LADIES TAILOR & FANY STORE"(being 4th Shop on the Northern side) measuring 80 square feet (10 x 8) in the building bearing No.497, T.H.Road, Opp. To Block Development Office, Minjur - 601 203, Ponneri Taluk, Thiruvallur District, which was arbitrarily disconnected on 01.02.2017 forthwith on the basis of Petitioner's representation dated 01.02.2017 and legal notice dated 03.02.2017 in accordance with law. 2.The petitioner is a tenant of the 5th respondent.
This Writ Petition has been filed on the mistaken belief that the Service Connection was disconnected by the Official respondents. Now, it transpires that it has been done internally by the respondents. Therefore, the petitioner can work out the remedy before the pending proceedings in R.C.O.P.No.1 of 2017 on the file of the District Munsif Court, Ponneri. Section 17 of the Tamil Nadu Buildings (Lease & Rent) Control Act, 1960 also provides for such course.
3.In such view of the matter, the Writ Petition is disposed of giving liberty to the petitioner to work out the remedy before the learned Rent Controller. As and when the petitioner files an application, the same will have to be decided preferably within a period of four weeks. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rna
To
1. The Chairman, Tamil Nadu Generation & Distribution Corp. Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2. The Superintendent Engineer, (EDC - NORTH) TANGEDCO, No.144, Anna Salai, Chennai - 600 002.
3. The Executive Engineer, (Operation & Maintenance) TANGEDCO, No.805, T.H.Road, Tondiarpet, Chennai 600 021.
4. The Assistant Executive Engineer, (O & M), TANGEDCO, Bakthavatchalam Street, Minjur - 601 203.
Copy to The District Munsif(Rent Controller) Ponneri.
+1 CC to M/s. N.R. Anantha Ramakriashnan,Advocate sr 41966 +1 CC to Mr.R. Venkatesulu, Advocate sr 41827(23/06/2017) W.P.No.4999 of 2017 and W.M.P.No.5260 of 2017 NR(CO) sp/16/6