A.Mohan Kumaramangalam, v. The Tamil Nadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20458 of 2015 A.Mohan Kumaramangalam ... Petitioner Vs.

1 The Tamil Nadu Electricity Board No.144 Anna Salai Chennai-2.

2 The Assistant Engineer TNEB (West Mambalam) No.133 K.R. Koil Street West Mambalam Chennai.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Directing the 2nd Respondent to consider and pass order in the petitioner application dated 29.08.2013 for seeking 3 phase connection pending before the petitioner on merits. For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.P.R.Dhilipkumar

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner claims that his father was the owner of the property bearing new no.16, old no.8, Balakrishnan Mudali Street, West Mambalam, Chennai - 33 and while his mother was alive, his father has contracted another marriage and is living separately in another portion of the same house and his mother, brothers and sister are living in some other portion of the same property. The petitioner would further state that on account of the same his father has also filed case for recovery of the possession of the property in which the petitioner and his family members are in possession and enjoyment and when the petitioner sought for availing new three phase service connection, his father refused to give consent and the petitioner subsequently submitted application dated 29.08.2013 complying with all formalities and since no orders has been passed, came forward to file this writ petition.

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3.Heard the submissions of Mr.V.R.Appaswamee, learned counsel appearing for the petitioner and Mr.P.R.Dhilipkumar, learned Standing Counsel who accepts notice on behalf of the respondents. 4.This Court taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the application/representation, permits the petitioner to file fresh application along with all necessary documents/ enclosures before the second respondent within a period of two weeks from the date of receipt of a copy of this order and the second respondent on receipt of the same is directed to consider the same in accordance with law and pass appropriate orders within a period of six weeks thereafter and communicate the decision taken, to the petitioner. 5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1 The Tamil Nadu Electricity Board No.144 Anna Salai Chennai-2.

2 The Assistant Engineer TNEB (West Mambalam) No.133 K.R. Koil Street West Mambalam Chennai.

+ 1 cc to Mr.P. R.Dhilipkumar, Advocate Sr.3494 + 2 ccs to M/s. V.R.Appaswamee, Advocate Sr.34803 W.P.No.20458 of 2015 SAI(CO) EU 22.07.15 https://hcservices.ecourts.gov.in/hcservices/