Smt. Saroja, v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.04.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.16873 of 2016 Saroja

...Petitioner

Vs.

1.

The Superintending Engineer, Tamil Nadu Electricity Board, Chengalpet Electricity Distribution Circle, Kanchipuram District.

2.

The Assistant Engineer (O & M) Tamil Nadu Electricity Board, Thirukazhukundram, Kanchipuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the second respondent to provide electricity connection to the petitioner's house, situate at No.48, West Street, Ruthiran Koil, Thirukazhukundram, comprised in S.No.91/33, Kanchipuram District.

For Petitioner : Mr.J.Bharathirajan For Respondents : Mr.S.K.Raameshuwar Standing Counsel

O R D E R

Heard Mr.J.Bharathirajan, learned counsel appearing for the petitioner and Mr.S.K.Raameshuwar, learnedStanding Counsel, accepting notice for respondents. With the consent of parties, the main Writ Petition is taken up for final disposal at the stage of admission.

The petitioner has filed this Writ Petition praying for issuance of a writ of mandamus, directing the second respondent to provide electricity connection to her house, situate at No.48, West Street, Ruthiran Koil, comprised in S.No.91/33, Thirukazhukundram, Kanchipuram District.

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3.

The petitioner is said to be in occupation of the aforesaid property for quite some time, and she wants electricity service connection to the property. The respondent/Board is ready and willing to consider the petitioner's case, provided, she should obtain No Objection Certificate (NOC) from the owner, Mrs.Suseela, who is none other than the petitioner's sister-in-law. Therefore, there is no error in the stand taken by the respondent/Board in the communication, dated 14.10.2015. But, it is the case of the petitioner that patta has been wrongly issued in the name of Mrs.Suseela. If that be the case, then, the petitioner has to approach appropriate forum seeking for mutation and get the patta rectified, and thereafter, shall approach the second respondent seeking for provision of electricity service connection to her property.

With the observations, the Writ Petition is disposed of. No costs.

sd s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.

The Superintending Engineer, Tamil Nadu Electricity Board, Chengalpet Electricity Distribution Circle, Kanchipuram District.

2.

The Assistant Engineer (O & M) Tamil Nadu Electricity Board, Thirukazhukundram, Kanchipuram District.

+ 1 cc to Mr.J.Bharathi Raja, Advocate, SR 27509 + 1 cc to Mr.S.K.Raameshuwar, Advocate, SR 27345 nr(co) prk1/6 Writ Petition No.16873 of 2016 https://hcservices.ecourts.gov.in/hcservices/