V.Viswanathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.10392 OF 2022 AND W.M.P.NO.10111 OF 2022 V.Viswanathan
...Petitioner
Vs.
1.The District Collector, Chengalpattu District - 603 001.
2.The Tahsildar, Thiruporur Taluk Office, Thiruporur, Chengalpattu District - 603110.
3.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Chengalpattu, Chengalpattu District - 603 001.
4.The Executive Engineer, MaraiMalai Nagar Electricity Board, MaraiMalai Nagar, Chengalpet District - 603 209.
5.The Assistant Engineer, Sembakkam Electricity Board, Sembakkam - 603 108.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to issue no objection certificate to get Electricity connection based on the petitioner's representation dated 14.12.2021 and 05.03.2022. For Petitioner :
M/s.K.Bharathi For Respondents :
Mr.T.M.Rajangamm Government Advocate [R1 & R2] Mr.Jaivenkatesh [R3 to R5]
ORDER
This Writ Petition has been filed for a Mandamus, seeking for a direction to the second respondent to issue No Objection Certificate to get electricity service connection based on the petitioner's representations dated 14.12.2021 and 05.03.2022.
2. The petitioner has applied for electricity service connection for his house. According to the petitioner, the fifth respondent is insisting for producing No Objection Certificate from the second respondent. The petitioner has submitted his representations on 14.12.2021 and 05.03.2022 to the second respondent, requesting him to issue a No Objection Certificate. Since the said representations have not been considered till date, the petitioner has filed this present Writ Petition.
3. Heard M/s.K.Bharathi, learned counsel appearing for the petitioner, Mr.T.M.Rajangamm, learned Government Advocate for the first and second respondents and Mr.Jaivenkatesh, learned counsel for the respondents 3 to 5.
4. No prejudice will be caused to the respondents if the petitioner's representations are considered on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him a right of personal hearing.
5. This Court is not expressing its opinion on the merits of the matter.
6. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representations dated 14.12.2021 and 05.03.2022, seeking for issuance of No Objection Certificate for the purpose of obtaining electricity service connection in his name and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him the right of personal hearing, within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is permitted to produce all the necessary documents before the second respondent in support of his claim for No Objection Certificate.
7. With the aforesaid directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar Sni
To 1.The District Collector, Chengalpattu District - 603 001.
2.The Tahsildar, Thiruporur Taluk Office, Thiruporur, Chengalpattu District - 603110.
3.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Chengalpattu, Chengalpattu District - 603 001.
4.The Executive Engineer, MaraiMalai Nagar Electricity Board, MaraiMalai Nagar, Chengalpet District - 603 209.
5.The Assistant Engineer, Sembakkam Electricity Board, Sembakkam - 603 108.
+1cc to Mr.L.Jaivenkatesh, Advocate, Sr.No.34387 +1cc to M/s.K.Bharathi, Advocate, Sr.No.34305 +1cc to the Government Pleader, S.R.No.34596 W.P.No.10392 of 2022 GJ(CO) RVM(21/06/2022)