← Library
Madras High CourtWP/11466/2020disposed of

M.Vanitha v. The Chairman

2023-06-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.06.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P.No.14000 of 2020 M.Vanitha ... Petitioner Vs

1. The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

2. The Executive Engineer, Direction & Maintenance 5th Street, 11th Main Road, Anna Nagar, Chennai-600040.

3.The Junior Assistant Engineer, Direction & Maintenance, No.117, Shanthi Colony, Annanagar, Chennai-600040.

4. The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600003.

5. I.Ameeth ... Respondents Page No:1/6

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third Respondent to provide electricity connection to the petitioner's house situated at No.18/53, Manja Kollai Street, Aminjikarai, Chennai-600029 for the application dated 08/01/2019 without insisting No Objection Certificate from the fourth respondent.

For Petitioner ... M/s.K.P.Sathiskumar For Respondents ... Mr. J.Jaivenkatesh, Standing counsel for TNEB for R1 to R3.

... Mr.K.Aswini Devi for R4.

... No Appearance for R5.

O R D E R

The Writ Petition has been filed for a direction to the 3rd respondent to provide electricity service connection to the petitioner's house without insisting for the "No Objection Certificate" from the 4th respondent.

2. It is the case of the petitioner that he is the owner of the property situated at No.18/53, Manajakollai Street, Aminjikarai, Chennai-600029 by way of a settlement deed registered as document No.3199/2013 at SubRegistrar Office, Anna Nagar, however, the other portion of the property was Page No:2/6

purchased by the brother and sister of his father Munusamy. However, the sister of the petitioner's father had sold 2/3rd of her share of the property to the 5th respondent, pursuant to which, the petitioner and the 5th respondent are using a common electricity service connection which was disconnected by the 5th respondent. Hence, the petitioner submitted an application dated 08.01.2019 before the 3rd respondent seeking separate electricity service connection to his premises. However, till date, the same has not been considered. Hence, this Writ Petition has been filed.

3. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to provide electricity connection to the petitioner's premises within the time that may be stipulated by this Court.

4. On the above contention, this Court heard the learned Standing Counsel appearing for respondents 1 to 3 and learned counsel appearing for the 4th respondent.

5. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 3rd respondent to consider the representation Page No:3/6

dated 08.01.2019 made by the petitioner seeking separate electricity service connection to his premises and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons if any, within a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed with the aforesaid direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

05.06.2023 Index:Yes/No Internet:Yes Speaking/Non-Speaking order NHS Page No:4/6

To 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

2.The Executive Engineer, Direction & Maintenance 5th Street, 11th Main Road, Anna Nagar, Chennai-600040.

3.The Junior Assistant Engineer, Direction & Maintenance, No.117, Shanthi Colony, Annanagar, Chennai-600040.

4. The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600003.

Page No:5/6

M.DHANDAPANI, J.

NHS 05.06.2023 Page No:6/6