Madras High CourtWP/28733/2015dismissed

C.K. Annakutty, v. The Superintending Engineer,

2016-03-21Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2016

CORAM

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.28733 of 2015 C.K.Annakutty ... Petitioner Vs.

1. The Superintending Engineer Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) Chengelpet Kancheepuram District.

2. The Executive Engineer(Operations & Maintenance) Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) Chengelpet Kancheepuram District

3. The Assistant Engineer(Operations & Maintenance) Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) Thirukazhukundram Taluk Kancheepuram Dt.

4. The Junior Engineer(Operations & Maintenance) Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) Thirukazhukundram Taluk Kancheepuram District

5. Tamil Nadu Electricity Board rep. by its Chairman Anna Salai Chennai-02.

6. The Tahsildar Thirukazhukundram Taluk Kancheepuram District [R-6 is suo-motu impleaded as per Order Dated:11.09.2015 made in WP. 28733/2015] ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus calling for the records and quash the impugned order

Ka.No.A.E./O&M/T.K.K./Div.Dist./A.No.44/15 dated 17.08.2015 of the 3rd respondent / as illegal null and void and against the law and Consequently directing the respondents 1 to 5 to grant electricity service connection to the petitioner to his residence at 74, Nei Kuppi, Pavanar Street, Indira Gandhi Nagar, Venkampakkam Post, Kancheepuram District. For Petitioner : Mr.D.Baskar For Respondents : Mr.S.K.Rameshuwar for R1 to 5 Mr.R.Rajeswaran, Special Government Pleader for R6

O R D E R

Petitioner has filed this writ petition seeking the following relief:

To call for the records and quash the impugned orderKa.No.A.E./ O&M/T.K.K./Div.Dist./A.No.44/15 dated 17.08.2015 of the 3rd respondent / as illegal null and void and against the law and Consequently directing the respondents 1 to 5 to grant electricity service connection to the petitioner to his residence at 74, Nei Kuppi, Pavanar Street, Indira Gandhi Nagar, Venkampakkam Post, Kancheepuram District.

2. As it is seen from the counter affidavit, that as on date the land has been classified as a poromboke land and therefore, the question of granting electricity service connection to a building which has been constructed in the poromboke land is not feasible for consideration. Further more, it is stated that the petitioner has not obtained any planning permission from the local authority and hence the prayer sought for cannot be granted and accordingly the writ petition is dismissed. No costs.

3. However, it is open to the petitioner to produce documents to prove the ownership of the property and approach the 3rd respondent.

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