Sathiaraj v. The Assistant Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.6745 OF 2019 Sathiaraj ... Petitioner Vs.
1.
The Assistant Engineer, Office of the Assistant Electrical Engineer, Tamil Nadu Electricity Board, East Spur Tank Road, Egmore, Chennai 600 040.
2.
The Commissioner, Corporation of Chennai, Rippon buildings, Chennai- 600 003.
(R2 impleaded vide order dated 27.04.2019 made in W.M.P.No.12982 of 2019 in W.P.No.6745 of 2019) ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to grant electricity service connection to the petitioner's bunk shop situated No.421/422, Pantheon Road, Near Corniche Complex, Near Rountana, Egmore, Chennai 600 008, by considering his representation dated 11.10.2018 within a time frame as may be fixed by this Hon'ble Court.
For Petitioner : M/s.L.Chandrakumar For Respondent R1 : Mr.Jai Venkatesh, Standing Counsel For Respondent R2 : M/s.Karthika Ashok Standing Counsel
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the Respondent to grant electricity service connection to the petitioner's bunk shop by considering his representation dated 11.10.2018. 2.Heard the arguments advanced on either side. 3.The case of the petitioner is that the petitioner is running a bunk shop situated at No.421/422, Pantheon Road, Near Corniche Complex, Near Rountana, Egmore, Chennai 600 008 and selling tea, coffee, Snacks and Food items for a past several years in a hygienic manner. Suddenly there was an interference by the Corporation officials with the running of the above bunk shop. Therefore the petitioner filed a Writ Petition in W.P.No.30649 of 2016 to consider the representation dated 26.08.
2016 as per the provisions of Street Vendors (Protection of Livelihood Regulation)Act 2014 and vide order dated 02.09.2016, this Court had passed an order directing the Vending Committee constituted by the Government of Tamil Nadu and the Corporation of Chennai to consider the petitioner's representation dated 26.08.2016 and pass order within 3 months in accordance with law, but even after 3 months no order has been passed. Therefore, the petitioner sent another representation to the Respondent on 11.10.2018 to give electricity service connection and till date no action was taken and the electricity connection was not given to the petitioner's shop. Hence, this writ petition.
4.The learned counsel appearing for the petitioner submitted that the petitioner made multiple representation to the respondent to provide electricity service connection to his bunk, but till date no steps were initiated. He further submitted that due to non-supply of electricity, the petitioner is unable to run his bunk after 6pm which is adversely affecting his financial situation and he is struggling to meet his daily needs. He also submitted that the petitioner is ready to pay the necessary Security Deposit and service connection charges etc, but no response was received from the respondent. Hence he submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation and provide electricity service connection to the petitioner's bunk.
5. Learned counsel for the respondent submitted that it was identified that the petitioner's bunk is situated in the nonvending zone and he will be relocated to some other place in the
near future. Hence, he is not entitled to get electricity service connection to his bunk in the current address.
6. Considering the submissions made by the learned counsel appearing for the parties, though it is submitted that the bunk shop o the petitioner is in a non-vending zone, however, no order has been passed on the representation of the petitioner. In such circumstances, this Court is inclined to issue direction to the respondents to consider the petitioner's representation and issue appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
7. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar skt To 1.
The Assistant Engineer, Office of the Assistant Electrical Engineer, Tamil Nadu Electricity Board, East Spur Tank Road, Egmore, Chennai 600 040.
2.
The Commissioner, Corporation of Chennai, Rippon buildings, Chennai- 600 003.
+1cc to M/s.R.Kamaraj, Advocate, S.R.No.58693 +1cc to M/s.Karthikaa Ashok, Advocate, S.R.No.58421 W.P.No.6745 of 2019 KSM(CO) RLP(01/12/2021)