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Madras High CourtWP/22290/2015disposed of

N.Arujunan v. The Chairman Cum Managing

2015-07-24Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WP.No.22290/2015 N.Arjunan

...Petitioner

Versus

1. The Chairman cum Managing Director Tamil Nadu Electricity Board, Anna Salai Chennai-2.

2. The Assistant Executive Engineer Tamil Nadu Electricity Board, Korattur, Chennai-80.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 and 2 to provide electricity connection as per the representation of the petitioner dated 22.09.2014 to the property bearing Plot Old No.11 New No.69, Railway Station Road, Korattur, Chennai-80, which is comprised in Survey No.976/1-B-1 having patta No.427 with a total extent of 10036 sq.ft. of land.

For Petitioner :

Mr.S.N.Ravikumar For R1 & R2 :

Mr.P.R.Dhilipkumar

ORDER

By consent, the writ petition is taken up for final disposal. 2.The petitioner claims to have purchased 3/4th out of total extent of 10036 sq.ft. of land in Plot Old No.11 New No.69, Railway Station Road, Korattur, Chennai-80, which is comprised in Survey No.976/1-B-1 having patta No.427, through a registered Sale Deed bearing Document No.3827/2011 registered on the file of the office of the Sub Registrar, Villivakkam, Chennai. The petitioner would further state that legal heirs of [late] Subramania Achari, viz., Gnanmbal and others claimed that the property under possession and

enjoyment of the petitioner as if it belongs to Subramania Achari. On account of the same, the petitioner is not in a position remaining extent of the larger extent. The petitioner claims to have been running a cycle stand in the said vacant land and applied to the 2nd respondent seeking for electricity service connection and since he has not been favoured with any response, the petitioner came forward to file this writ petition.

3.Heard the learned counsel for the petitioner who submit that the office of the Executive Engineer to whom the representation has been has been given as well as the 2nd respondent situate in one and the same place and the 2nd respondent is the competent authority to grant service connection and prays for appropriate orders. 4.This Court heard the submissions of Mr.P.R.Dhilipkumar, learned counsel who accepts notice on behalf of the respondents 1 and 2.

5.This Court, in the light of the above facts and circumstances and without going into the claim projected by the petitioner, permits the petitioner to give one more representation to the 2nd respondent enclosing a copy of this order along with his earlier representation dated 22.09.2014 submitted to the Executive Engineer, TNEB [now TANGEDCO], Ambattur Industrial Estate, Chennai-98, within a period of two weeks from the date of receipt of a copy of this order and the 2nd respondent, on receipt of the same, is directed to consider the same in accordance with law, after putting on notice the persons concerned and pass orders within period of four weeks thereafter and communicate the decision to the petitioner as well as to the persons concerned.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar AP

To

1. The Chairman cum Managing Director Tamil Nadu Electricity Board, Anna Salai Chennai-2.

2. The Assistant Executive Engineer Tamil Nadu Electricity Board, Korattur, Chennai-80.

1 CC to Mr.S.N.Ravikumar, Advocate SR.No.37797 1 CC to Mr.P.R.Dhilipkumar, Advocate SR.No.37829 WP.No.22290/2015 GP (CO) PSI (07.08.2015)