H.Usha v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.03.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.5716 & 5719 of 2024 & WMP.Nos.6322 & 6359 of 2024 and W.P.Nos.5759, 5763, 5767 & 5771 of 2024 & WMP.Nos.6390, 6392, 6373, 6377, 6381, 6382, 6394 & 6393 of 2024 W.P.No.5716 of 2024 H.Usha .. Petitioner 1.The Chairman, TANGEDCO Mount Road, Chennai-600 002.
2.The Executive Engineer (O&M) TANGEDCO, Mullai Nagar, West Tambaram, Chennai-600 045.
3.The Assistant Executive Engineer (O&M) TANGEDCO, Kadaperi, West Tambaram, Chennai-600 045.
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4.The Assistant Engineer (O&M) TANGEDCO, Radha Nagar, Chrompet, Chennai-600 044.
.... Respondents PRAYER in W.P.No.5716 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus call for the records from the 4th respondent order in Lr.No.AE/O&M/Radha Nagar/F. Notice/D.No:14/2024 dated 02.02.2024 and quash the same is illegal and unlawful and against the principles of natural justice and direct the 4th respondent to restore the electricity service connection No.09/248/263/282 to the petitioner's flat Door No.22, Plot No.17, Flat No.A-1, First Floor, Church Road, Radha Nagar, Chrompet, Chennai 600 044.
(in all writ petitions) For Petitioner : Mr.Sharath Chandran for Mr.P.Mahenderchand (in both writ petitions) For Respondents : Mr.L.Jai Venkatesh Standing Counsel COMMON ORDER The petitioners in these writ petitions challenge orders of the Assistant Engineer, TANGEDCO/R4 dated 02.02.2024 disconnecting power in their residences on and with effect from 02.02.2024 on the ground that completion certificates has not been produced.
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2.The petitioners had earlier been put to notice in that regard as early as in December 2023 and had undertaken, vide reply dated 27.12.2023 that the completion certificates would be furnished within a month's time. 3.Mr.Sharath Chandran, who appears for the petitioners would accede to the unenviable position that the petitioners are indeed at fault. The production of a completion certificate is mandatory as per Rule 20 of the Tamil Nadu Combined Development and Building Rules, 2019. 4.However, he would pray, that on humane considerations, this Court permit the petitioners to produce the completion certificate with a short period of time pointing out that the family includes small children, who are to appear for school examinations and senior citizens. Mr.L.Jai Venkatesh, learned Standing Counsel, who accepts notice for the respondents fairly does not object to the grant of the prayer.
5.The petitioners have also confirmed by way of affidavits dated 06.03.2024 that they have initiated the process for issuance of the completion certificate and the same are expected to be issued within a period of eight (8) weeks.
6.In light of the aforesaid and holding the petitioners to the undertaking made vide their affidavits, they are directed to furnish the completion certificates 3 / 5
within a period of eight (8) weeks from today to the respondents. In anticipation of compliance, the respondents are directed to restore their electricity connections. There is no need to intervene in order dated 02.02.2004 as the order is perfectly in accordance with law.
7.This writ petition stands disposed in terms of the above order. No costs. Connected miscellaneous petitions are closed. 07.03.2024 Index : Yes/No Speaking Order:Yes To 1.The Chairman, TANGEDCO Mount Road, Chennai-600 002.
2.The Executive Engineer (O&M) TANGEDCO, Mullai Nagar, West Tambaram, Chennai-600 045.
3.The Assistant Executive Engineer (O&M) TANGEDCO, Kadaperi, West Tambaram, Chennai-600 045.
4.The Assistant Engineer (O&M) TANGEDCO, Radha Nagar, Chrompet, Chennai-600 044.
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DR.ANITA SUMANTH, J.
W.P.Nos.5716 & 5719 of 2024 & WMP.Nos.6322 & 6359 of 2024 and W.P.Nos.5759, 5763, 5767 & 5771 of 2024 & WMP.Nos.6390, 6392, 6373, 6377, 6381, 6382, 6394 & 6393 of 2024 07.03.2024 5 / 5