R.K.Kannan v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
1. R.K.Kannan
2. K.Priya
...Petitioners
vs.
1. The Superintending Engineer, CEDC - Central, Tamil Nadu Generation and Distribution, Valluvarkottam, Chennai - 600 024.
2. The Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO), Anna Salai, Chennai.
3. The Assistant Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Chindradripet, Chennai - 600 003.
4. The Assistant Engineer, Operation and Maintenance, Park Town Section, Chennai - 600 003.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to reconnect and to restore the service connections granted in Consumer Nos. (1)( 195-010-29; (2) 195010-30; (3) 195-010-31; (4) 195-010-32; (5) 195-010-33; (6) 196-010-194 and (7) 196-010-195 belong to the petitioners property situated at No.10, Samudra Mudali Street, Park Town, Chennai - 600 001, with extension of cutoff date for restoration of electricity supply in consideration of representation submitted by the petitioners dated 08.03.2023, within a time frame to be fixed by this Court.
For Petitioners : Mr.S.Nedunchezhiyan For Respondents : Mr.L.Jai Venkatesh
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to reconnect and to restore the service connections granted in Consumer Nos. (1)( 195-010-29; (2) 195-010-30; (3) 195-010-31; (4) 195-010-32; (5) 195-010-33; (6) 196-010-194 and (7) 196010-195 belong to the petitioners property situated at No.10, Samudra Mudali Street, Park Town, Chennai - 600 001, with extension of cutoff date for restoration of electricity supply in consideration of representation submitted by the petitioners dated 08.03.2023, within a time frame to be fixed by this Court.
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2. W.M.P.No.8733 of 2023 filed to permit the petitioners to file the writ petition jointly is allowed, subject to payment of separate sets of courtfee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ petition shall be applicable only to the first petitioner.
3. The case of the petitioners is that they are the absolute owners of the above said property. The commercial complex has been provided Electricity Service Connection by the TANGEDCO in the name of the original owner one Manibai Kesavaji. During Covid-19 crisis, all the shops within the commercial complex have been closed. Since the petitioners were not able to pay the electricity charges, the electricity connection was disconnected on 07.01.2021. Seeking for restoration of service connection, the petitioners made a representation dated 08.03.2023 before the respondents. Since the same was not considered, the present writ petition has been filed seeking the aforesaid relief.
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4. Though very many grounds have been raised in the present writ petition, it would suffice if this Court issues a direction to the respondents to consider the petitioners' representation dated 08.03.2023 and pass appropriate orders within the time frame that may be fixed by this Court.
5. Learned standing counsel appearing for the respondents has no objection for the said order being passed.
6. Heard the arguments advanced on either side and perused the materials available on record.
7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the said representation of the petitioners dated 08.03.2022 and pass appropriate orders and dispose of the said representation, on merits and in accordance with law after affording an opportunity of hearing to the petitioners as well as aggrieved persons if any, within a period of two (2) 4/6
weeks from the date of receipt of a copy of this order.
8. This Writ Petition is accordingly disposed of. No costs. 17.03.2023 RAP Index :
Yes/No Speaking order :
Yes/No To
1. The Superintending Engineer, CEDC - Central, Tamil Nadu Generation and Distribution, Valluvarkottam, Chennai - 600 024.
2. The Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO), Anna Salai, Chennai.
3. The Assistant Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Chindradripet, Chennai - 600 003.
4. The Assistant Engineer, Operation and Maintenance, Park Town Section, Chennai - 600 003.
M.DHANDAPANI, J.
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