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Madras High CourtWP/26499/2017disposed of

S.Nachinarkkiniyan v. The Chairman,

2017-11-24Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.26499 of 2017 S.Nachinarkkiniyan .. Petitioner Vs.

1.The Chairman, Anna Salai, Chennai 600 002.

2.The Assistant Engineer, Thiruvotriyur, Chennai 600 019.

3.S.Parthiban .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the respondents 1 and 2 herein to provide domestic electricity service connection to the petitioner in respect of the premises bearing Door No.Old No.7/10, New No.31, First Floor, Easani Murthy Kovil Street, Thiruvotriyur, Chennai 600 019 based on the representation of the petitioner dated 20.09.2017 forthwith.

For Petitioner: C.Prabakaran For Respondents: Mr.P.R.Dilipkumar for R1 and R2 Standing Counsel Mr.M.Thamizhavel for R3

O R D E R

The petitioner and the third respondent are brothers. It seems that they are residing in the same building but in different floors. It is also seen that both of them are not enjoying the electricity power supply, as there is some dispute between them, which prevented the Electricity Department in effecting the electricity service connection to their respective premises for want of no objection certificate from each other.

2.Heard both sides.

3.Now, the present writ petition is filed by the petitioner seeking for a direction to the respondents 1 and 2 to provide domestic electricity service connection to the petitioner premises bearing Nobearing Door No.Old No.7/10, New No.31, First Floor, Easani Murthy Kovil Street, Thiruvotriyur, Chennai 600 019, based on his representation dated 20.09.2017.

The third respondent, who is younger brother of the petitioner, represented by his counsel, submitted that the third respondent is not having any objection for giving no objection certificate to the petitioner, provided the petitioner also give such certificate to the third respondent so as to enable the third respondent to provide electricity service connection by way of transferring service connection to the third respondent's name which is already in existence in his sister's name, who is no more. Now, the third respondent has come forward to give no objection certificate to the petitioner. I do not think that there will be any impediment for the petitioner to get the electricity service connection from the respondents 1 and 2.

Accordingly, the third respondent is directed to give no objection certificate to the petitioner, who in turn, shall also give no objection certificate to the third respondent for the purpose of getting electricity service connection by way of transferring the service connection already standing in the name of their deceased sister. After getting such Certificates, both the parties shall approach the Electricity Department viz., the second respondent, who in turn, shall consider the claim of the each parties and pass appropriate orders granting service connection/transferring service connection in the name of the respective parties within a period of two weeks from the date of receipt of such no objection certificate.

With the above observation, the writ petition is disposed of. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vri To 1.The Chairman, Anna Salai, Chennai 600 002.

2.The Assistant Engineer, Thiruvotriyur, Chennai 600 019.

+1 CC to Mr.C. Prabakaran, Advocate sr 83876. +1 Cc to Mr.P.R Dhilip kumar, advocate sr 84086. +1 Cc to Mr.M, Thamizhavel, advocate sr 83982. W.P.No.26499 of 2017 SP(29/11/2017)