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Madras High CourtWP/16604/2022disposed of

Mr. Mohammed Kasim v. The Tamil Nadu Electricity Board

2022-06-29Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.16604 of 2022 Mr.Mohammed Kasim, Proprietor Shanthi Medicals, Shop No.2, Old No.98, New No.285, Ground Floor, Pycrofts Road, Bharathi Salai, Royapettah, Chennai - 600 014.

..Petitioner Vs.

1. The Tamil Nadu Electricity Board, Rep. by its Chairman, 10th Floor, N.P.K.K.R. Maligai, 144 Anna Salai, Chennai - 600 002.

2. The Assistant Engineer (O&M), Tamil Nadu Electricity Board, Royapettai, Chennai - 600 014.

3. M.S.Govindarajan

4. Chitra ..Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct 2nd respondent to provide temporary electricity connection to the petitioner's shop situate in Door No.98-A, Bharathi Salai, Royapettah, Chennai - 600 014.

For Petitioner : Mr.A.Ilaya Perumal For Respondents: Mr.L.Jaivenkatesh, [R1 & R2] Standing Counsel for TNEB

O R D E R

This Writ Petition has been filed for a mandamus seeking for a direction to the second respondent to provide temporary electricity connection to the petitioner's shop situated in Door

No.98-A, Bharathi Salai, Royapettah, Chennai - 600 014. 2.The petitioner states that he is a tenant under the third and fourth respondents, who are his landlords. The petitioner has sought for a temporary electricity service connection and has submitted an application with the second respondent for the said purpose on 21.06.2022. Since the third and fourth respondents, who are the petitioner's landlords have raised a dispute and have requested the second respondent not to grant electricity service connection in favour of the petitioner, the petitioner's application seeking for grant of temporary electricity service connection has not been processed till date by the second respondent.

3.No prejudice will be caused to the second 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 third and fourth respondents including, granting them the right of personal hearing. 4.Since no adverse orders have been passed in this Writ Petition against the third and fourth respondents, notice to the third and fourth respondents is dispensed with. 5.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's application dated 21.06.2022 seeking for grant of temporary electricity service connection to the petitioner's shop situated in Door No.98-A, Bharathi Salai, Royapettah, Chennai - 600 014, on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner as well as the third and fourth respondents including, granting them the right of personal hearing.

6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar Sni

To

1. The Chairman, Tamil Nadu Electricity Board, 10th Floor, N.P.K.K.R. Maligai, 144 Anna Salai, Chennai - 600 002.

2. The Assistant Engineer (O&M), Tamil Nadu Electricity Board, Royapettai, Chennai - 600 014.

+1cc to M/s.A.Ilayaperumal, Advocate, S.R.No.41010 +1cc to M/s.L.Jaivenkatesh, Advocate, S.R.No.41193 W.P.No.16604 of 2022 PMK(CO) RGA(12/07/2022)