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Madras High CourtWP/14878/2021disposed of

V.Pushpavathi v. The Assistant Engineer

2021-08-16Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.08.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.14878, 14880 and 14882 of 2021 and WMP Nos.15751, 15754, 15755 of 2021

1. Mrs.V.Pushpavathi ..Petitioner in WP No.14878 of 2021

2. Mr.T.Kannan ..Petitioner in WP No.14880 of 2021

3. Mrs.R.Mala ..Petitioner in WP No.14882 of 2021 Vs 1 The Assistant Engineer TamilNadu Electricity Generation and Distribution corporation (I and M), Mangadu Division, Se.Mi.Pa.Taluk(South), TANGEDCO Mangadu, Chennai-600122 2 Hazarath syed Sadik voliyullah Dharaga and Mosque Trust rep by its Managing Trustee Mr.S.Ajaz No.498 and 499, Syed Sadiq Nagar, Mangadu, Chennai-600122 ... Respondents in all Wps Prayer in Crl OP No.14878 of 2021 .: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the Respondent to provide the electricity connection to the petitioners property situated at Managadu comprised in Survey No. 101/ 1A 111 101/3 11.04 Acres bearing Plot No. 87 and 155 at syed Sadiq Nagar Mangadu Chennai- 600 122.

Prayer in Crl OP No.14880 of 2021 .: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the Respondent to provide the electricity connection to the petitioners property situated at Managadu comprised in survey No. 101/ 1A 111 101/3 11.04 Acres bearing Plot No.155 at syed Sadiq Nagar Mangadu Chennai600 122. Prayer in Crl OP No.14882 of 2021 .: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the Respondent to provide the electricity connection to the petitioners property situated at

Managadu comprised in Survey No. 101/ 1A 111 101/3 11.04 Acres bearing Plot No.86 at syed Sadiq Nagar Mangadu Chennai600 122. For Petitioners : Mr.M.J.Jaseem Mohammed in all W.Ps For Respondents : Mr.L.Jai Venkatesh for R1 in all Wps Mr.Mohammed Musassir Ali for R2 in all Wps

O R D E R

The issue involved in all these writ petitions are common and hence, they are taken up together, heard and disposed of through this Common order.

2.

The case of the petitioners is that they are tenants under the 2nd respondent under valid lease agreement. The further case of the petitioners is that the land belongs to the 2nd respondent and the superstructure has been put up by the petitioners. After the completion of the construction, the petitioners had applied for Domestic Electricity connection to the 1st respondent through an application dated 29.04.2021. Along with the application, the petitioners had also submitted the no objection letter given by the 2nd respondent. The grievance of the petitioner is that the 1st respondent did not process the application and as a result of the same, the petitioners have not been given the electricity connection till date. Left with no other option, all these writ petitions have been filed before this Court seeking for appropriate directions. 3.

Heard the learned counsel appearing for the petitioner and Mr.L.Jai Venkatesh, learned Standing counsel for 1st respondent and Mr.Mohammed Mudassit Ali, learned counsel for 2nd respondent.

4.

The learned counsel appearing on behalf of the 2nd respondent submitted that the 2nd respondent trust is the owner of the land and the plots were developed by the 2nd respondent trust and it was leased to various tenants who had put up the superstructure. It was further submitted that the 2nd respondent has already issued no objection certificate to the petitioners for getting the electricity service connection. 5.

Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has given no objection certificate to the petitioner for getting the electricity service connection and there are prima facie

documents to show that the 2nd respondent trust is the owner of the subject property, there shall be a direction to the 1st respondent to consider the application submitted by the petitioners on 29.04.2021 and provide electricity service connection, if the petitioners have satisfied all the other requirements. Even if the 1st respondent requires any indemnity bond to be executed by the petitioners, the same shall also be executed by the petitioners and handed over to the 1st respondent. The 1st respondent shall complete the process within a period of four weeks from the date of receipt of copy of this order.

6.

The petitioners are directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

7.

All these writ petitions are disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar rka To 1 The Assistant Engineer TamilNadu Electricity Generation and Distribution corporation (I and M), Mangadu Division, Se.Mi.Pa.Taluk(South), TANGEDCO Mangadu, Chennai-600122 +1 CC to Mr.L.Jai Venkatesh, Advocate sr 41129 +3 Ccs to Mr.M.J.Jaseem Mohammed, Advocate sr 41142 W.P.Nos.14878, 14880 and 14882 of 2021 and WMP Nos.15751, 15754, 15755 of 2021 SV(CO) SP(19/08/2021)