Gopalakrishnan v. The Chairman Cum Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.15061 OF 2021 Gopalakrishnan ... Petitioner .Vs.

1. The Chairman cum Managing Director, Tamil Nadu Electricity Board, 8th Floor, TANGEDCO, No.144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, Chennai Electricity Distribution Circle, CEDE/South, No.110 KV, K.K.Nagar, SS Complex, Anna Main Road, (first floor), K.K.Nagar, Chennai - 600 078.

3. The Assistant Executive Engineer, O/o The Assistant Executive Engineer, L.B.Road, Vasudeva Nagar, Thiruvanmiyur, Chennai - 600 041.

4. The Assistant Engineer, O/o The Assistant Engineer, TNEB, Dr.Nanjuda Ra Salai, Injambakkam, ECR, Chennai - 600 115.

5. M/s AKAR Granites, Rep. by its Managing Director, Mr.R.Anandakumaran, No.155, Kalaignarkarunanidhisalai, Sholinganallur Village and Taluk, Shlinganallur, Chennai ... Respondents PRAYER:- Writ petition filed under Section 226 of the Constitution of India to issue a writ of Mandamus directing the 4th respondent to consider the petitioner representation dated 05.04.2021, to cancel, disconnect the Electricity Connection in Consumer No.09218023200, illegally obtained by M/s AKAR Granites in the

property belongs to Government Highways Department, land acquisition property by way of award said survey Number 177/1B1A, adjacent land in survey No.193/10 belongs to the petitioner and late S.R.Srinivasan.

For petitioner : Mr.P.K.Ganesh For respondents : Mr.Jaivenkatesh, (TNEB) For R1 to R4

ORDER

This writ petition has been filed to issue a writ of Mandamus directing the 4th respondent to consider the petitioner's representation dated 05.04.2021, to disconnect the Electricity Connection in Consumer No.09218023200, illegally obtained by the 5th respondent.

2. The contention of the petitioner is that the petitioner and late S.R.Srinivasan are the owners of the land in survey No.193/10 at Sholinganallur Village, Kancheepuram Taluk and the 5th respondent namely M/s AKAR Granites had grabbed the property in survey No.177/1B1A, which belongs to the Highways Department by the acquisition, adjacent to the petitioner's land. The further contention of the petitioner is that the 5th respondent had constructed a temporary sheet in the above said land and by creating forgery documents, they obtained a service connection in that land. Hence, he gave a complaint dated 05.04.2021 to the respondent Board, However, till date, it was not considered by them. Hence this writ petition.

3. Mr.Jaivenkatesh, learned Standing Counsel for the Electricity Board takes notice for the respondents R1 to R4.

4. By consent of the counsels to both the parties, this court takes this matter for final disposal.

5. The learned counsel appearing for the respondent Board would submit that the representation of the petitioner will be considered by the Board in accordance with law, after providing opportunities to the parties concerned.

6. Inview of the submission made by the learned counsel appearing for the Board, this court has no hesitation to direct the fourth respondent to consider the petitioner's representation dated 05.04.2021 in accordance with law, as early as possible, within a period of eight weeks from the date of receipt of a copy of the order, after providing opportunities to the petitioner as well as the fifth respondent.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mst To

1. The Chairman cum Managing Director, Tamil Nadu Electricity Board, 8th Floor, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Chennai Electricity Distribution Circle, CEDE/South, No.110 KV, K.K.Nagar, SS Complex, Anna Main Road, (first floor), K.K.Nagar, Chennai - 600 078.

3. The Assistant Executive Engineer, O/o The Assistant Executive Engineer, L.B.Road, Vasudeva Nagar, Thiruvanmiyur, Chennai - 600 041.

4. The Assistant Engineer, O/o The Assistant Engineer, TNEB, Dr.Nanjuda Ra Salai, Injambakkam, ECR, Chennai - 600 115.

+1cc to Mr.Jaivenkatesh, Advocate, S.R.No.35366 +1cc to Mr.P.K.Ganesh, Advocate, S.R.No.34915 W.P.NO.15061 OF 2021 SSI(CO) PBS/18/08/2021