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Madras High CourtWP/9004/2012dismissed

S.Syed Rahim, v. The Chairman,

2019-09-03Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.9004 of 2012 and M.P. No.1 of 2012 S.Syed Rahim ... Petitioner -vs1.The Chairman, Tamil Nadu Electricity Board, Annasalai, Chennai-600 002.

2.The Assistant Engineer, Office of the Assistant Engineer, Distribution Area for Electricity, At Kundrathur, Chennai-600 069.

3.The Junior Engineer, Office of the Assistant Engineer, Distribution Area for Electricity, At Kundrathur, Chennai-600 069.

4.K.Jothilingam ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records in pursuance of the reply/order made in Ka.No.Vu.Poe./E.Pa./Kundrathur/Puranagar/Ko.Thani/No.206/12 dated 15.03.2012 passed by the third respondent and to quash the same and consequently direct the third respondent to consider the application of the petitioner dated 09.03.2012 and its annexures and pass orders for the grant of electricity house connection in respect of the house property situated at Plot No.807, Sri Devi Karumari Amman Nagar, Nandambakkam Village, Sriperumbudur Taluk, Kancheepuram District on merits and in accordance with law.

For Petitioner : Mr.D.Deepak Rajan For respondents: Mr.S.K.Raameshuwar, Standing Counsel for R1 to R3 No appearance for R4

ORDER

The writ petition has been filed challenging the correctness of the impugned order dated 15.03.2012 passed by the third respondent, refusing the petitioner's request for grant of electricity connection.

2.Learned Standing Counsel appearing for R1 to R3 would submit that the petitioner has not produced the documents as sought for by the third respondent herein and therefore, without furnishing the same, the petitioner cannot come to this Court. 3.A perusal of the impugned order dated 15.03.2012 would show that the petitioner was directed to furnish some documents namely, Sale Deed, No Objection Certificate from the landlord and the rental agreement, but, he has not come forward to produce the same. Secondly, the petitioner has filed the rental agreement entered into between him and the fourth respondent for the period from 01.04.2011 to 30.03.2012. The petitioner has not produced the rental agreements for the years 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 and 2018-19 to show that he is the lawful tenant. Therefore, this Court is not inclined to entertain the petition. Accordingly, the writ petition fails and the same is dismissed. Consequently, connected M.P. is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To 1.The Chairman, Tamil Nadu Electricity Board, Annasalai, Chennai-600 002.

2.The Assistant Engineer, Office of the Assistant Engineer, Distribution Area for Electricity, At Kundrathur, Chennai-600 069.

3.The Junior Engineer, Office of the Assistant Engineer, Distribution Area for Electricity, At Kundrathur, Chennai-600 069.

+1cc to Mr.D.Deepak Rajan, Advocate Sr.76344 +1cc to Mr.S.K.Rameshuwar, Advocate Sr.76477 W.P. No.9004 of 2012 and M.P. No.1 of 2012 kk[co] srg 27/09/2019