K.Kalyanaraman v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11208 of 2019 And W.M.P.Nos.11586 and 11588 of 2019 K.Kalyanaraman ... Petitioner Vs.

1. The Director Tamilnadu Electricity Board, Anna Salai, Chennai - 2.

2. The Assistant Engineer Operation and Manitenance, Electricity Assistant Engineer office, Pillaiyarkuppam, Villupuram District.

3. Chief Engineer Tamilnadu Electricity Board, No.10, Old Power House Road, Villupuram.

4. Mahalakshmi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the second respondent in Ka.No.82/18 dated 06.10.2018 and quash the same, and direct the respondents 1 to 3 to restore the electricity connection to the petitioner.

For Petitioner : Mr.S.Ramajayam For Respondents: Mr.L.Jai Venkatesh for R1 to R3 Standing Counsel for Electricity Board Mr.K.Venkatasubban for R4 for M/s.Sarvabhauman Associates

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the second respondent in Ka.No.82/18 dated 06.10.2018 and to quash the same and to direct the respondents 1 to 3 to restore the electricity connection to the petitioner.

2.The case of the petitioner is that he approached the second respondent for obtaining electricity connection to his house in S.No.96, Kalamaruthur Village, Ulundurpet Taluk, Villupuram District for which the fourth respondent who is the petitioner's brother's wife objected and thereafter after submission of the necessary documents, the petitioner obtained electricity connection during the year 2015. While so based on the complaint made by the fourth respondent, the second respondent issued the impugned order and also disconnected the electricity connection. Hence, the petitioner has filed the writ petition.

3.The learned counsel appearing for the petitioner would submit that there was civil dispute inbetween the petitioner and his brothers and inorder to wreck vengeance, the fourth respondent made complaint and the impugned order was passed. The learned counsel would further submit that without going into the merits of the case, this Court may permit the petitioner to produce all the relevant documents before the second respondent and issue direction to the second respondent to consider the same and pass appropriate orders.

4.The learned Standing Counsel appearing for the Tamil Nadu Electricity Board would submit that if any document is produced by the petitioner before the second respondent, the second respondent will consider the same and will pass appropriate orders.

5.The learned counsel appearing for the fourth respondent would submit that in the event of this Court permitting the petitioner to produce any document before the second respondent, the fourth respondent may be permitted to participate in the subsequent proceedings that is to be undertaken by the second respondent.

6.In view of the above, this Court permits the petitioner to produce all the relevant documents before the second respondent, within a period of four weeks from the date of receipt of a copy of this order. If any such document is produced by the petitioner, the second respondent shall consider

the same and pass appropriate orders, in accordance with law, after affording opportunity to the fourth respondent, within a period of twelve weeks from the date of receipt of such document. 7.This writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pri To

1. The Director Tamilnadu Electricity Board, Anna Salai, Chennai - 2.

2. The Assistant Engineer Operation and Manitenance, Electricity Assistant Engineer office, Pillaiyarkuppam, Villupuram District.

3. Chief Engineer Tamilnadu Electricity Board, No.10, Old Power House Road, Villupuram.

+1cc to M/s.Sarvabhauman Associates, Advocate, S.R.No.60118 +1cc to Mr.S.Ramajayam, Advocate, S.R.No.60398 W.P.No.11208 of 2019 And W.M.P.Nos.11586 and 11588 of 2019 CA(CO) SU(04/01/2022)