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Madras High CourtWP/27271/2015disposed of

L.N. Madhan Guru v. The Tamilnadu Electricity

2015-09-09Honourable Mr Justice N. Kirubakaran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2015

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 27271 of 2015 L.N. Madhan ..Petitioner Vs.

1.

The Tamil Nadu Electricity Board, rep. by its Chief Engineer, Nadippisai Pulavar K.R. Ramasmi Maaligai, Electricity Avenue, Anna Salai, Chennai - 600 002.

The Assistant Engineer, Tamilnadu Electricity Board, MMDA Colony, Arumbakkam, Chennai - 600 106.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 2nd respondent to issue electricity service connection to the business premises of the petitioner running under the name and style as "Ramajayam Agency" selling construction materials at Door No. 14/1, Officers Colony, 1st Rajaram Metha Nagar, Aminjikarai, Chennai - 600 029 within a specified time.

For Petitioner ::

Mr.V. Bhiman For Respondents ::

Mr.P.R. Dhilipkumar

O R D E R

By order dated 29.10.2015, the earlier order dated 09.09.2015 passed by this Court in the above writ petition is recalled and the writ petition is disposed of as hereunder.

This writ petition is filed for issue of a Writ of Mandamus directing the 2nd respondent to issue electricity service connection to the business premises of the petitioner running under the name and style as "Ramajayam Agency" selling construction materials at Door No. 14/1, Officers Colony, 1st Rajaram Metha Nagar, Aminjikarai, Chennai - 600 029 within a specified time. 3.

The case of the petitioner is that he is running the business of selling construction materials under the name and style as "Ramajayam Agency"at No. 14/1, Officers Colony, 1st Street, Rajaram Metha Nagar, Aminjikarai, Chennai - 29. According to the petitioner, he has been assessed to property tax, profession tax and has also been issued licence by the Corporation of Chennai. The grievance of the petitioner is that though he applied to the respondents for grant of electricity connection to the premises, complied with

all procedural formalities and also paid the estimated charges, till date, supply has not been effected. Hence, the present writ petition. 4.

Heard the learned counsel on either side.

5.

Eventhough there is no document produced to show that the petitioner is the owner of the premises, the learned counsel for the petitioner would submit that the petitioner is in occupation of the premises in question and therefore, he is entitled to get electricity connection. 6.

Considering the submission made by the learned counsel for the petitioner, the writ petition is disposed of directing the petitioner to produce all the required documents before the respondents to show that he is in lawful occupation and possession of the premises in question and based on the documents to be produced by the petitioner in support thereof, the respondents shall take a decision with regard to effecting electricity connection to the premises in question. No costs.

29.10.2015 nv 2/2

To 1.

The Chief Engineer, Nadippisai Pulavar K.R. Ramasmi Maaligai, Electricity Avenue, Anna Salai, Chennai - 600 002.

N. KIRUBAKARAN,J.

nv The Assistant Engineer, Tamilnadu Electricity Board, MMDA Colony, Arumbakkam, Chennai - 600 106.

W.P. No. 27271 of 2015

29.10.2015