M/S.Greens Apartment Owners, v. The Chairman And Managing Director,

2024:MHC:2353

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH M/s,Greens Apartment Owners Welfare Association - Jalladianpettai Represented by its Secretary, P.Elango S.No.68/1A, Perumbakkam-Jalladianpettai Joint Road, Jalladianpettai, Sholinganallur Taluk, Chennai-600 100.

... Petitioner Vs.

1.The Chairman & Managing Director, The Tamil Nadu Generation and Distribution Corporation, 6th floor, TANTRANSCO Building, 144, Anna Salai, Chennai - 600 002.

2.The Chairman, The Tamil Nadu Electricity Regulatory Commission, 4th Floor, SIDCO Corporate Office building, Thiru Vi Ka Industrial Estate, Guindy, Chennai, Tamil Nadu-600 032.

3.The Superintending Engineer, Chennai Electricity Distribution Circle/South-II, 110 KV Complex, K.K.Nagar, Chennai - 600 078.

4.The Chief Engineer, Distribution, Kancheepuram region, No.1, Anna Maligai, Olimohamedpet, Kanchipuram - 631502.

5.M/s.Selene Estate Limited No.63, GN Chetty Road, T.Nagar, Chennai - 600 017 Branch Office:

S.No:68/1A, Perumbakkam - Jalladianpettai Joint Road, Jalladianpettai, Chennai - 600 100 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents 1 to 4 to provide permanent electricity connection to the petitioner and pass necessary further orders. For Petitioner : Ms.R.V.Yajura For Respondents : Ms.Sindhuza (for R1 to R4) for Mr.L.Jai Venkatesh, Standing Counsel Mr.Chandramouli Prabhakar (for R5)

O R D E R

Read this order in continuation of and in conjunction with order dated 11.06.2024 that reads as follows:

'Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for R1 to R4 and seeks some time to obtain instructions and file a counter.

2. Notice through Court as well as privately to R5, returnable 18.06.2024. Proof of service be placed on file.

3. Prima facie, this Writ Petition is not maintainable for several reasons. Firstly, the petitioner is an association. Secondly and admittedly the petitioner has not even made an application for permanent electricity connection and hence the question of mandamus directing the respondents to issue electricity connection does not arise.

4. That apart, it is the statement of the petitioner that R5 has

made an application for electricity connection, which is on the anvil of rejection since there has been no deed of gift executed gifting land for the purpose of erecting a sub-station.

5. This Writ Petition is thus evidently a ruse to force the issue and obtain some relief in regard to the private dispute between the petitioner and R5. The Court is not inclined to facilitate a private dispute. At the highest what can be considered is a direction to the official respondents to dispose the application for electricity connection filed by R5, subject to the status of that application and the stand of R5.

6. List on 18.06.2024 at the end of admission list. Written instructions/counter by then with an advance copy served upon the petitioner.'

2.Mr.Chandramouli Prabhakar, learned counsel appears for R5 and states that he has filed vakalath under SR.No.19798 of 2024. He conveys instructions from R5 to the effect that R5 has not filed an application in a proper format for grant of electricity connection to the residents in the Apartments at Ozone Greens Apartment, Perumbakkam Main Road, Elcot Sez, Chennai, Tamil Nadu 600 100. 3.In such circumstances and as already noticed in the order above, there is absolutely no merit in this writ petition. Even what has been indicated in paragraph No.5 of order dated 11.06.2024 is not liable to be considered since there is no valid application that has been filed seeking electricity connection by R5. Hence, this writ petition is dismissed. No costs.

18.06.2024 vs Index:Yes/No Speaking order

DR.ANITA SUMANTH,J.

vs To 1.The Chairman & Managing Director, The Tamil Nadu Generation and Distribution Corporation, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai - 600 002.

2.The Chairman, The Tamil Nadu Electricity Regulatory Commission, 4th Floor, SIDCO Corporate Office building, Thiru Vi Ka Industrial Estate, Guindy, Chennai, Tamil Nadu - 600032 3.The Superintending Engineer, Chennai Electricity Distribution Circle/South-II, 110 KV Complex, K.K.Nagar, Chennai - 600 078.

4.The Chief Engineer, Distribution, Kancheepuram region, No.1, Anna Maligai, Olimohamedpet, Kanchipuram - 631502.

18.06.2024