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Madras High CourtWP/16572/2022disposed of

P.Subramani v. The Assistant Engineer

2022-07-04Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Subramani .. Petitioner Vs.

The Assistant Engineer, Tamil Nadu Electricity Board, TANGEDCO, Veerapuram, Avadi, Chennai - 600 055.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent to consider the Application No. A 1097423 of the petitioner for which the requisite fee has been paid by the petitioner vide receipt number 461-01/2267 and provide electricity connection to the petitioner property namely in Old S F No.429/23, Sub divided S F No.429/23B, Morai Village, Thiruvallur District, Avadi S.R.O. within a time frame as fixed by this Court. For Petitioner : Mr.P.R.Krishnaraj For Respondent : Mr.L.Jai Venkatesh Standing Counsel, TNEB 1/4

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to consider the petitioner's application seeking for grant of electricity service connection for his property bearing Old S.F.No.429/23, Sub Divided S.F.No.429/23B, Morai Village, Thiruvallur District, Avadi S.R.O., and pass final orders within a time frame to be fixed by this Court.

2. Mr.L.Jai Venkatesh, learned standing counsel for TNEB accepts notice on behalf of the respondent. By consent of both parties, this Writ Petition is taken up for final disposal in the admission stage itself.

3. The petitioner claims that he is the absolute owner of the aforementioned property and he sought for electricity service connection for the same. He submitted an application on 25.01.2022. Since the application has not been considered by the respondent till date, he has filed this Writ Petition.

4. Heard Mr.P.R.Krishnaraj, learned counsel for the petitioner and Mr.L.Jai Venkatesh, learned standing counsel appearing for the respondent. 2/4

5. On instructions, learned standing counsel appearing for the respondent would submit that there is a rival claim over the very same property and that is the reason for the respondent for not processing the petitioner's application.

6. No prejudice will be caused to the respondent if the petitioner's application is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the rival claimant.

7. For the foregoing reasons, this Court directs the respondent to pass final orders on the petitioner's application dated 25.01.2022 seeking for grant of electricity service connection for his property bearing Old S.F.No.429/23, Sub Divided S.F.No.429/23B, Morai Village, Thiruvallur District, Avadi S.R.O., and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the rival claimant, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above directions, this Writ Petition is disposed of. No costs.

04.07.2022 Speaking/Non-speaking order Index: Yes/No Sni 3/4

ABDUL QUDDHOSE,J.

Sni To The Assistant Engineer, Tamil Nadu Electricity Board, TANGEDCO, Veerapuram, Avadi, Chennai - 600 055.

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