Prisila v. The Tamil Nadu Generation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:27.02.2018 C O R A M THE HON'BLE Mr.JUSTICE K. RAVICHANDRABAABU W.P.No.1597 of 2017 Prisila
...Petitioner
vs
1. The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman, 144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 825, Link Road, Anna Salai, Triplicane, Chennai-2.
3. The Assistant Divisional Engineer Operations & Maintenance, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Teynampet, Chennai.
4.Chelladurai (R4 impleaded as per order dated 06.04.2017 by MMSJ in WMP No.9082/2017 in W.P.No.1597/2017)
...Respondents
Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to effect electricity service connection to the petitioner premises situate in Door No.11, 2nd Street, Ganesapuram, Teynampet, Chennai forthwith.
For petitioner : Mr.D.Ravichander For Respondents : Mr.PR.Dilipkumar for R1 to R3 No Appearance for R4
O R D E R
The petitioner seeks for a mandamus directing the respondents to effect electricity service connection to the petitioner premises situate in Door No.11, 2nd Street, Ganesapuram, Teynampet, Chennai.
2.The respondents 1 to 3, after notice, entered appearance through their counsel. Though notice was issued to the fourth respondent, the same was returned with endorsement 'left'. His name is printed in the causelist. Learned counsel for the respondents 1 to 3 submitted that since the fourth respondent has objected, the request of the petitioner for effecting electricity service connection is not considered. 3.Learned counsel for the petitioner submitted that necessary indemnity bond will be executed by the petitioner to protect the interest of the respondents 1 to 3. 4.Since the notice issued to the fourth respondent was returned with the endorsement as "left", this Court is not in a position to ascertain as to what could be the objection of the fourth respondent.
In any event, as the petitioner is willing to execute the indemnity bond and also to pay the necessary charges, the third respondent shall consider the request of the petitioner and pass orders after obtaining necessary indemnity bond as well as necessary charges from the petitioner. It is also stated that a suit filed by the petitioner's husband not to evict him from the subject matter property without due process of law has also been decreed and such decree has become final. 5.
Considering all the aspects and the petitioner's willingness to execute indemnity bond and also to pay the necessary charges, the writ petition is disposed of, by directing the third respondent to consider the request of the petitioner and pass orders after obtaining necessary indemnity bond as well as necessary charges from the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar vri
To
1. The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman, 144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 825, Link Road, Anna Salai, Triplicane, Chennai-2.
3. The Assistant Divisional Engineer Operations & Maintenance, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Teynampet, Chennai.
+1 CC to Mr.D.Ravichander, advocate sr 15536. +1 CC to Mr.P.M. Dhilip Kumar, Advocate sr 15070. W.P.No.1597 of 2017 VSN(CO) SP(02/03/2018)