M/S.My Ventures v. The Assistant Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.17823 OF 2021 AND W.M.P.NO.19029 OF 2021 M/s.MY VENTURES Rep. by its Managing Director, H.M.Center, 1st Floor, No.29, Nungambakkam High Road, Chennai - 600 034.

... Petitioner Vs.

1. The Assistant Engineer, Tamil Nadu Electricity Board (E.B. Office), No.825, Anna Saalai Office, Chennai - 600 002.

2. Sova Private Limited, Registered Office at No.720, Avinashi Road, Coimbatore - 641 018.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Tamil Nadu Electricity Board at No.825, Anna Saalai Office, Chennai 600 002, the 1st respondent herein, to consider the representation dated 07/08/2021 issued by the petitioner and immediately restore electricity connection bearing E.B. Card No.10100393 to the demised premises in the lawful occupation and possession of the petitioner situate at Old No.20 and 21, New No.12, Woods Road, Chennai - 600002. For Petitioner :

Mr.C.Manohar Gupta For Respondents : Mr.L.Jai Venkatesh Standing Counsel for R1

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to consider the representation made by the petitioner on 07.08.2021 wherein the

petitioner has sought for the restoration of the electricity connection in the subject premises.

2. The case of the petitioner is that they are the tenants under the 2nd respondent. There seems to be some dispute between the petitioner and the 2nd respondent due to arrears of rent. The grievance of the petitioner is that the electricity service connection that was provided to the premises where the petitioner is running the business, has all of a sudden been disconnected. The petitioner therefore, made a representation to the 1st respondent to restore the electricity connection. Since, the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.C.Manohar Gupta, learned counsel appearing on behalf of the petitioner and Mr.L.Jai Venkatesh, learned Standing Counsel appearing on behalf of the 1st respondent.

4. The learned Standing Counsel appearing on behalf of the 1st respondent submitted that written instructions have been received from the 1st respondent. In the written instructions, it has been clearly stated that the electricity service connection is continued and it has not been disrupted by the 1st respondent till today. The learned Standing Counsel further submitted that it is a dispute between the petitioner and the 2nd respondent and they have to resolve the same only before the competent court and the 1st respondent will not have any role to play in the present case.

5. Taking into consideration the facts and circumstances of the case and the specific stand taken by the 1st respondent, no further orders can be passed in the present writ petition. The dispute is purely between the petitioner and the 2nd respondent and it has to be worked out only before the competent court. Except giving this liberty, no further orders can be passed in this writ petition.

6. This writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ssr

To The Assistant Engineer, Tamil Nadu Electricity Board (E.B. Office), No.825, Anna Saalai Office, Chennai - 600 002.

+1cc to M/s.Gupta and Ravi, Advocate, S.R.No.43190 W.P.NO.17823 OF 2021 AND W.M.P.NO.19029 OF 2021 SMI(CO) PBS/24/09/2021