D.S.Dayalan, v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No. 2676 of 2015 and M.P. Nos. 1 and 2 of 2015 D.S. Dayalan ... Petitioner Vs.

1. The Assistant Engineer O & M, Ice House TANGEDCO CEDC/ Central Tamil Nadu Electricity Board 26, West Cott Road, Royapettah, Chennai - 14.

2. The Tamil Nadu Wakf Board Rep. by Chief Executive Officer No.1, Jaffer Syrang Street Valla Seethakathi Nagar Chennai-1.

... Respondents This petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 1st respondent in Lr. No. AE/O&M/ IH/F.DISC/D No. dt/01/15 and to quash the same.

For Petitioner : Mr. N.A. Nissar Ahmed For Respondents : Mr. P.R. Dhilip Kumar

O R D E R

The petitioner has filed this Writ Petition challenging the notice of the 1st respondent in Lr. No. AE/O&M/ IH/F.DISC/D No. dt/01/15.

2. The petitioner is in possession of a Wakf Board property and he claims that he is paying the rent properly to Wakf Board. He is surprised to receive a notice from the Electricity Board, directing the petitioner to get a No https://hcservices.ecourts.gov.in/hcservices/

Objection Certificate from the Wakf Board, failing which there is a threat of disconnection of electricity service connection, which is alleged to have been given on 21.11.2014.

3. The counter affidavit filed by the first respondent says that only after execution of an indemnity bond and on payment of necessary charges, the power connection has been given to the petitioner on 21.11.2014. However, the second respondent has raised an objection and has sought to disconnect the service connection since the premises belong to the Wakf Board. There appears to be a dispute between the landlord and tenant and therefore a No Objection Certificate has been sought for.

4. Since the property belongs to Wakf Board, the petitioner is directed to approach the Wakf Board for an appropriate letter stating that there is no arrears and then approach the first respondent for such purpose. The petitioner is given eight weeks time to complete the said process and till then the electricity supply should not be disconnected, by the respondents. Consequently, the connected M.Ps are closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// avr Sub Assistant Registrar To

1. The Assistant Engineer O & M, Ice House TANGEDCO CEDC/ Central Tamil Nadu Electricity Board 26, West Cott Road, Royapettah, Chennai - 14.

2. The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Valla Seethakathi Nagar Chennai-1.

+1cc to Mr.N.A. Nissar Ahmed, Advocate, S.R.No.7311 +1cc to Mr.P.R. Dhilip Kumar, Advocate, S.R.No.7456 W.P.No. 2676 of 2015 and M.P. Nos. 1 and 2 of 2015 BVR(CO) CA(18/02/2016) https://hcservices.ecourts.gov.in/hcservices/