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Madras High CourtWP/338/2008dismissed as infructuous

Gulmohars Owners Association v. Assistant Executive Engineer

2018-06-19Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.338 of 2008 and M.P.No.1 of 2008 Gulmohar's Owners Association Represented by its President 35 South Boag Road, T.Nagar, Chennai - 600 017.

... Petitioner

Versus

1.Assistant Executive Engineer (O&M) CEDC/Cenral, T.Nagar, 41, Thanikachalam Salai, T.Nagar, Chennai - 600 017.

2. K.Sankar

3. K.Prince ... Respondents [ Respondent no.2 & 3 impleaded as per Court Order dated 08.08.2008 in M.P.No.2/2008 in W.P.No.338 of 2008] Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records of the first respondent herein made in Lr.No.AEE/O M/TN/FD/JA/D440/07 dated 08.09.2007 and quash the same, consequently direct the first respondent herein to disconnect all commercial service connections extended to the flats in the Gulmohar apartments.

For Petitioner :

No Appearance For Respondents:

Mr.P.R.Dilipkumar, for R1 :

Mr.Saravanan, for R2 R3 :

Dismissed vide Order dated 30.09.2011 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The prayer sought for in the present writ petition is to call for the records of the first respondent made in Lr.No.AEE/OM /TN/FD/JA/D440/07 dated 08.09.2007 and quash the same, consequently direct the first respondent herein to disconnect all commercial service connections extended to the flats in the Gulmohar apartments.

2. The petitioner, who is the president of the Gulmohar's Owners Association, which is a residential premises, has filed the present writ petition to quash the impugned order dated 08.09.2007, whereby the first respondent has disconnected the industrial service connection bearing No.222-12-1202 and not disconnected the other two connections stating that they are given as per the Tamilnadu Electricity Board Rules.

3. There was no representation for the petitioner on 06.06.2018, when the matter was called and the learned counsel for the first respondent/ Electricity Board sought time for getting instructions. When the matter is listed for final hearing today (19.06.2018), there is no representation for the petitioner.

4. The learned counsel for the respondents would submit that nothing survives in this Writ petition.

5. Since the learned petitioner's counsel did not come forward to pursue the matter further, based on the above submission of the learned counsel for the first respondent/Electricity Board, this Writ Petition shall stand dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar klt To Assistant Executive Engineer (O&M) CEDC/Cenral, T.Nagar,41, Thanikachalam Salai, T.Nagar, Chennai - 600 017.

W.P.No.338 of 2008 and M.P.No.1 of 2008 (CS-IV)EU(13/07/2018) https://hcservices.ecourts.gov.in/hcservices/