Madras High CourtWP/34527/2015withdrawn dismissed

Mr. P.Aravind Krishnamurthy, v. The Chairman,

2015-11-26Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2015

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.34527 of 2015 & M.P.No.1 of 2015 P.Aravind Krishnamurthy ... PETITIONER rep.by his P/A.Mrs.Gayathri Padmanabhan Vs

1. The Chairman Tamil Nadu Electricity Board No.800 Anna Salai Chennai.

2. The Superintendent Engineer TANGEDCO CEDC / South Thoraipakkam, Chennai-600 097.

3. The Executive Engineer (O&M) TANGEDCO CEDC / South Thoraipakkam, Chennai-600 097.

4. The Assistant Engineer (O&M) TANGEDCO CEDC / South Thoraipakkam, Chennai-600 097.

5. The Chennai Metropolitan Development Authority Represented by its Member-Secretary No.1 Gandhi Irwin Road Egmore, Chennai-600 008.

... RESPONDENTS Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the Respondents 1 to 4 to accept and consider the application of the Petitioner in accordance with law and to provide electricity service connection to the building situated at Plot No.128 1st Main Road 3rd Cross Street Raju Nagar Okkiyam Thoraipakkam Village Chennai-97 without insisting upon completion certificate / No Objection Certificate from the fifth respondent.

For Petitioner : Ms.A.Madhumathi For Respondents : Mr.P.Gunaraj R1 to R4 Mr.K.Raja Srinivas - R5

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. Heard Ms.A.Madhumathi, learned Counsel appearing for the petitioner, Mr.P.Gunaraj, learned counsel appearing for respondents 1 to 4 and Mr.K.Raja Srinivas, learned counsel appearing for the fifth respondent.

3.The petitioner wants an electricity connection without insisting upon completion certificate.

4.In the light of the decision of the Hon'ble Division Bech of this Court in S.PRAKASH CHAND JAIN Vs. STATE OF TAMIL NADU (W.P.No.11194 of 2010 dated 23.01.2014), the prayer sought for cannot be granted.

5.Faced with the situation, the learned counsel for the petitioner seeks permission to withdraw the writ petition and to move the authorities for regularisation of the construction. The learned counsel has also made an endorsement to the said effect.

6.Accordingly, the Writ Petition is dismissed as withdrawn, with liberty as prayed for. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpa