Madras High CourtWP/9509/2019disposed of

C.Prasad v. The Assistant Engineer

2019-08-06Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.08.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.9509 of 2019 C.Prasad S/o Chinnakalai No.2/98A, Kaliamman Koil St., Silukkuvarpatti, Dindugal-624 215 Rep.by his Power Agent N.Selvam .. Petitioner /versus/ 1.The Assistant Engineer, O&M, TANGEDCO, Vandalur, No.1/434 MMK Complex, GST Road, Vandalur, Chennai 600 048.

2.Began .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of impugned order issued by the 1st respondent in Ka.No.2PO/E & PA/Vandalur/ko.bundle/Ka.No.88/2019 dated 21.02.2019 and quash the same and consequently issue a direction to 1st respondent to disconnect the illegal electricity connections having consumer Nos.571-009-1366, 571-009-1032 and issue a new connection to the petitioner.

For Petitioner :Mr.K.Shanmugam For Respondents :Mr.S.K.Rameshwar for R1 No appearance for R2

O R D E R

Aggrieved by the Electricity Service connection granted to ne Began, who is the second respondent, based on patta issued to him but later cancelled, this writ petition is filed by the owner of the land bearing S.No.537 in Nedukundram Village, Chengalpet Taluk, Kancheepuram District. The petitioner has given a representation to the first respondent to cancel the electricity connection given to the second respondent Began. Since the first respondent passed an order refusing to disconnect the service connection given to the second respondent, writ

petition is filed for Certiorarified Mandamus praying the letter of the first respondent dated 21.02.2019 has to be quashed and a direction has to be issued to the first respondent to disconnect the service connection given to the second respondent.

2. Accordingly, after notice it was reported by the learned standing counsel appearing for the first respondent that fresh enquiry was conducted and the parties were invited to make their submissions. While the petitioner appeared and produced documents, the second respondent failed to turn up. Based on the documents submitted by the petitioner, final order has been passed on 05.08.2019. In the course of the enquiry, the first respondent has found that the second respondent has obtained patta fraudulently and therefore, service connection Nos.571-0091302, 571-009-1355 provided to the second respondent was ordered to be cancelled.

3. On verification of the records, this Court finds that in the impugned letter, the service connection given to the second respondent has been mentioned as 571-009-1366 and 571-0091032. However, the learned standing counsel appearing for the first respondent states that the actual service connection number provided to the second respondent is Nos.571-009-1302, 571-0091355, which have now been cancelled, after due enquiry.

4. Recording the submission and the order of the first respondent dated 05.08.2019, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar ari To The Assistant Engineer, O&M, TANGEDCO, Vandalur, No.1/434 MMK Complex, GST Road, Vandalur, Chennai 600 048.

+1cc to Mr.K.Shanmugam, Advocate, S.R.No. 67682 +1cc to Mr.S.K.Rameshwar, Advocate, S.R.No.67279 W.P.No.9509 of 2019 SCD(CO) GN(09/08/2019)