R.Kusum Sethia v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.23927 of 2015 R.Kusum Sethia ... PETITIONER Vs

1. The Chairman Tamilnadu Electricity Board Head Office, Anna Salai, Chennai - 600 002

2. The Assistant Engineer Madhavaram Section II Tamilnadu Electricity Board Madhavarm, Chennai - 600 110.

3. K. Vijayalakshmi [R-3 is suo-motu impleaded as per Order Dated:05.08.2015 in WP.

23927/2015].

... RESPONDENTS PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus, direct the 2nd Respondent herein to consider the petitioner's representation dated 01/08/2015 for supply of electricity connection to the petitioners premises situated at Block No.55', Elizabeth Nagar, Madhavaram, Chennai, Comprised in Survey No.1270/1 within a time frame limit.

For Petitioner : Mr.C.V.Kumar For Respondents : Mr.P.R.Dhilip Kumar - R1 & R2 Mr.V.Raghavachari -R3

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. Heard Mr.C.V.Kumar, learned Counsel appearing for the

petitioner, Mr.P.R.Dhilip Kumar, learned counsel appearing for the respondent Board and Mr. V.Raghavachari, learned counsel appearing for the third respondent.

3.

The petitioner seeks for issuance of a writ of mandamus to direct the second Respondent to consider the representation dated 01/08/2015, submitted by her for supply of electricity connection to her premises situated at Block No.55', Elizabeth Nagar, Madhavaram, Chennai, Comprised in Survey No.1270/1. 4.

According to the petitioner, she has complied with all the formalities for obtaining service connection. However, the same has not been granted till date. It appears that there is an objection raised by the third respondent. The learned counsel for the petitioner on instructions submits that he will get necessary affidavit from the petitioner to protect the rights of the third respondent and the petitioner will not interfere in their land.

5. However, this dispute cannot be gone into at this stage, since the second respondent is stated to have closed the verification of patta produced by the petitioner from the revenue officials and the process is now going on. 6.In the light of the above, there will be a direction to the second respondent to consider the petitioner's representation dated 01.08.2015, verify all the documents, get necessary clarifications from the Revenue Officials and after issuing notice to the petitioner and the third respondent, pass reasoned orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpa To

1. The Chairman Tamilnadu Electricity Board Head Office, Anna Salai, Chennai - 600 002

2. The Assistant Engineer Madhavaram Section II Tamilnadu Electricity Board Madhavarm, Chennai - 600 110.

+2cc's to Mr.C.V.Kumar, Advocate, S.R.No.61659 + 1 cc to M/s.V.Raghavachari, Advocate Sr 61707 (7/1/16) + 1 cc to M/s.P.R.Dhilipkumar, Advocate Sr 61726 (7/1/16) W.P. No.23927 of 2015 PA(CO) CA(06/11/2015)