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Madras High CourtWP/14864/2020disposed of

S.K.Sait v. The Assistant Executive Engineer

2021-07-15Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.14864 of 2020 S.K.Sait ..Petitioner Vs

1. The Assitant Executive Engineer, Tamil Nadu Electricity Board, Lal Bahadur Street, Periyakuppam, Thiruvallur Town & Taluk, Thiruvallur District.

2. The Assistant Engineer, Tamil Nadu Electricity Board, Jaya Nagar Main Road, Thiruvallur Town & Taluk, Thiruvallur District.

3. The Junior Engineer, Tamil Nadu Electricity Board, Jaya Nagar Main Road, Thiruvallur Town & Taluk, Thiruvallur District.

4. The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffar Syrang Street, Seethakathi Nagar, Chennai - 600001.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned letter NO.AE/City/Thiruvallur/file NO.485/19.20, dated 24.101.2019 from the 2nd Respondent herein, to quash the same and consequently direct the respondents herein to provide an additional electricity service connection to the Petitioner in the name Hazarath Sabit Kalanthar Auliya Dargha in respect of the premises bearing Door No.1/24, first land, Mohammed Ali street, Thiruvallur Town Taluk, Thiruvallur District. For Petitioner : Mr.L.Gavaskar For Respondent No. 1 to 3 : Mr.Jaivenkatesh, T.N.E.B. For Respondent No.4 : Mr.Sunny for Mr.V.Raghavachari ******

ORDER

According to the petitioner, petitioner is a tenant in respect of the land measuring to an extent of 1164 sq.ft. comprised in Survey No.488/5, situated at Door No.1/24, First lane, Mohammad Ali Street, Tiruvallur Town & Taluk, Tiruvallur District. The petitioner has entered into a rental agreement, dated 1.8.2018 with Muthavalli of the above referred Dargha namely Mr.A.R.M.Rahmatullah in respect of the aforesaid property. The petitioner has made an application to the third respondent for providing additional electricity service connection to the aforesaid premises. However, the third respondent has not provided additional electricity service connection to the petitioner. Hence, he filed the present writ petition before this Court.

2. The learned counsel appearing for the 4th respondent would submit that if the additional service connection provided in the name of Dargha on payment of service connection charges to be paid by the writ petitioner, the 4th respondent has no objection for providing additional service connection to the petitioner.

3. The learned counsel appearing for the petitioner also agreed to the aforesaid condition and he also given an undertaking affidavit before the 4th respondent to that effect. On production of undertaking affidavit, the 4th respondent shall give no objection certificate for providing additional service connection to the petitioner in respect of the aforesaid property. On receipt of no objection certificate from the 4th respondent, the third respondent is directed to consider the application of the petitioner and effect additional service connection to the petitioner as expeditiously as possible preferably, within a period of six weeks thereafter.

4. Recording the aforesaid statement, the writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar vaan To

1. The Assitant Executive Engineer, Tamil Nadu Electricity Board, Lal Bahadur Street, Periyakuppam, Thiruvallur Town & Taluk, Thiruvallur District.

2. The Assistant Engineer, Tamil Nadu Electricity Board, Jaya Nagar Main Road, Thiruvallur Town & Taluk, Thiruvallur District.

3. The Junior Engineer, Tamil Nadu Electricity Board, Jaya Nagar Main Road, Thiruvallur Town & Taluk, Thiruvallur District.

4. The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffar Syrang Street, Seethakathi Nagar, Chennai - 600001.

+1cc to Mr.Jaivenkatesh,Advocate SR.No. 33779 +1cc to Mr.V.Raghavachari, Advocate SR.No. 33828 W.P.No.14864 of 2020 PCH(CO) A.SK(06.08.2021)