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Madras High CourtWP/15816/2015disposed of

K.P.Kaliyappan v. The Chairman

2015-06-05Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 05.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.15816 of 2015 K.P.Kaliyappan .. Petitioner

Versus

1 The Chairman Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) No.144 Anna Salai Chennai-600002.

2 The Superintendent Engineer Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) South Zone Thirumangalam Anna Nagar Chennai-600 040.

3 The Executive Engineer Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) No.229 N.M.Road Avadi Chennai-600 054.

4 The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) O & M/Avadi/South Cholampedu Main Road Thirumullaivoyal Chennai-600 062. .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, Directing the Fourth Respondent to consider petitioners representation dated 04.04.2015.

For Petitioner : Mr.J.Kannan For Respondents : Mr.P.R.Dhilipkumar Standing counsel for TANGEDCO

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that he is residing in the ground floor along with his family members and his brother is residing in the first floor of the premises bearing Door No.11, 3rd street, Santhipuram, Thiurmullaivoyal, Chennai - 62. According to the petitioner, the land and building originally belonged to his

parents and after their demise a partition suit came to be filed in O.S.No.188 of 2014 on the file of the Court of Subordinate Judge, Ponnamallee and the suit is still pending. The electricity service connection continues to remain in the name of the petitioner's father late P.S.Perumal and the meter is located in the ground floor of the premises.

3. The petitioner would further state that he is paying the electricity consumption charges for not only in respect of his portion, but also for the portion occupied by his brother and since, his brother never bothered to pay the said charges and the petitioner fearing disconnection, continued to make remittance of the electricity consumption charges. The petitioner is facing difficulty on account of the said fact and therefore, submitted a representation dated 04.04.2015, praying for a separate electricity connection in respect of the portion which is in his occupation and since, no orders came to be passed, he has filed this writ petition.

4. Heard the submissions of Mr.J.Kannan, learned counsel appearing for the petitioner and Mr.P.R.Dhilipkumar, learned standing counsel, who accepts notice for the respondents.

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, directs the 4th respondent to consider the representation/application dated 04.04.2015 submitted by the petitioner, on merits and in accordance with law, after putting on notice, the brother of the petitioner and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the brother of the petitioner.

6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars

To 1 The Chairman Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) No.144 Anna Salai Chennai-600002.

2 The Superintendent Engineer Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) South Zone Thirumangalam Anna Nagar Chennai-600 040.

3 The Executive Engineer Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) No.229 N.M.Road Avadi Chennai-600 054.

4 The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Limited (Formerly TNEB) O & M/Avadi/South Cholampedu Main Road Thirumullaivoyal Chennai-600 062.

+1cc to Mr.P.R. Dhilipkumar, Advocate, S.R.No.26889 +1cc to Mr.J. Kannan, Advocate, S.R.No.26892 AD(CO) EU(16/06/2015) W.P.No.15816 of 2015