Mohamed Musthafa v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.22882 of 2018 Mohamed Musthafa ... Petitioner Vs

1. The Chairman, Tamil Nadu Electricity Board (TANGEDCO) No.800, Mount Road, Anna Salai, Chennai- 600 002.

2.The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO) Chennai South No.2, Thiruvanmiyur, Chennai  600 041.

3.Kothandaraman ...Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to forthwith grant electricity service connection to the petitioner's rental shop at No.54, Ground Floor (CHAYA SPOT), Thiruvanmiyur, Chennai-600 041 by considering and passing necessary orders on the application of the petitioner dated 24.08.2016. For petitioner : Mr.S.Nambirajan For respondents : Mr.K.Rameshwar (R1 & R2) Mr.B.Singaravelu (R3)

O R D E R

The petitioner has come up with this writ petition for a mandamus directing the respondents to consider his application dated 24.08.2016 and grant electricity service connection to his rental shop at No.54, Ground Floor (CHAYA SPOT), Thiruvanmiyur, Chennai-600 041. 2.According to the petitioner, due to tenancy dispute, he filed a suit in O.S.No.3841/2018 along with I.A.No.9299 of 2018 on the file of the XII Assistant City Civil Court, Chennai against the third respondent/ landlord for permanent injunction in respect of the shop in question. Aggrieved over the same, the third respondent voluntarily surrendered the electricity service connection of the petitioner's shop to the second respondent. Hence, the petitioner applied for fresh service connection to the second respondent. However, the said application has not been considered so far. Therefore, the present writ petition.

3.Today, when the matter is taken up for consideration, the learned counsel for the petitioner, on

instructions, submitted that the petitioner is now ready and willing to pay the rent as well as arrears of rent as demanded by the third respondent. Hence, he sought appropriate direction to the respondents for restoration of the electricity service connection to the petitioner's shop. 4.In reply, the learned counsel for the third respondent submitted that in the event of the petitioner paying rent as well as arrears of rent as demanded, the third respondent has no objection for restoration of service connection to the shop in question. 5.The aforesaid submissions made by the learned counsel for the respective parties are recorded. Accordingly, this writ petition stands disposed of, leaving it open to the respondent Board to pass appropriate orders, on the petitioner's application dated 24.08.2016, with regard to restoration of electricity service connection to the petitioner's shop in question. No costs. 10.10.2018 rk Note: Issue on 12.10.2018 To

1. The Chairman, Tamil Nadu Electricity Board (TANGEDCO) No.800, Mount Road, Anna Salai, Chennai- 600 002.

2.The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO) Chennai South No.2, Thiruvanmiyur, Chennai  600 041.

R.MAHADEVAN, J.

rk W.P.No.22882 of 2018

10.10.2018