N.Nagavalli v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2019 CORAM::

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.11706 of 2019 V.Nagavalli, W/o.Vingayagam, No.41/50, 2nd Street, Kalyanapuram, Elephant Gate, Chennai-600 079.

... Petitioner /Vs/ The Assistant Engineer, Sowcarpet/West TNBE/CEDC/Central, TANGEDCO, No.38, Basing Water Works Street, Chennai-600 079.

... Respondent Prayer:- This Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to dispose petitioner representation dated 19.03.2019 and consequently issue to direction to the respondent to provide the electricity service connection to the petitioner house at No.41/50, 2nd Street, Kalyanapuram, Elephant Gate, Chennai-600 079.

For Petitioner : Mr.D.Bharathy For Respondent : Mr.P.R.Dhilp Kumar, Standing Counsel

O R D E R

Heard the learned counsel for the petitioner and the learned counsel for the respondent

2. This Writ Petition is filed seeking to issue Writ of Mandamus to dispose petitioners' representation dated 19.03.2019 and consequently to issue direction to the respondent to provide electricity service connection.

3. After notice, the learned counsel for the respondent submits that there is no application from the petitioner herein https://hcservices.ecourts.gov.in/hcservices/

seeking Electricity Service Connection and therefore, the question of issuing Mandamus will not arise.

4. In response to the above submission, the learned counsel for the petitioner would submit that on 19.03.2019, the representation for seeking Electricity Service Connection has been made and the learned counsel has also annexed the representation in its typed set of papers.

5. On perusal of the representation, it does not contain any necessary details to prove that the petitioner is the owner of the premises, for which electricity service connection is sought for. Further, as stated by the learned counsel for the respondent that the representation is not in the prescribed format for seeking electricity service connection. Hence, it cannot be treated as an application at all, without any particulars and documents. Further, this Court finds that the said representation dated 19.03.2019, within 20 days, the Writ Petition has been filed before this Court i.e.,11.04.2019. Since, the petitioner has approached this Court without making a formal application for electricity connection, the relief sought in this writ petition cannot be entertained. Hence, the Writ Petition is dismissed with liberty to the petitioner to approach the respondent and make a proper application with all documents and seek for Electricity Service Connection. The respondent herein shall process the application and pass appropriate order, if the application is in order.

6. Accordingly, this Writ Petition is dismissed. No costs. bsm Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To The Assistant Engineer, Sowcarpet/West TNBE/CEDC/Central, TANGEDCO, No.38, Basing Water Works Street, Chennai-600 079.

+1cc to Mr.P.R.Dhilip Kumar, Advocate, SR.No.46695 W.P.No.11706 of 2019 Kak(15/07/2019) https://hcservices.ecourts.gov.in/hcservices/