M/S.Suriya Quail Farms And v. The Senior Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2019
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.9355 of 2014 M/s.Suriya Quail Farms and Hatcheries rep.by its Partner, G.Saravanan, 2/106B, Road Street, Erumbi Village & Post, Pallipattu Taluk, Tiruvallur District.
...Petitioner
Vs 1.The Senior Engineer Tamil Nadu Electricity Board Erumbi, Pallipattu Taluk, Tiruvallur District.
2.The Junior Engineer, Tamil Nadu Electricity Board, Erumbi, Pallipattu Taluk, Tiruvallur District.
...Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 03.12.2013.
For Petitioner : Mr.M.Mohamed Hasain For Respondents : Mr.S.K.Rameshwar
O R D E R
The case of the petitioner is that his representation for providing electricity service connection to the petitioner's premises to run the business in the name and style of M/s.Suriya Quail Farms and Hatcheries, in Erumbi Village & Post, Pallipattu Taluk, Tiruvallur District, has not been considered by the second respondent. The petitioner has also obtained lease deed and 'No Objection Certificate' from the landlord. Since no action has been taken on the representation, the petitioner has come up with this writ petition.
2.After notice, a counter affidavit has been filed on behalf of the second respondent, in which it is stated that by letter dated 07.04.2014, the Department called upon the petitioner to produce the attested copies of Lease Deed, Certificate of Ownership obtained from Village Administrative Officer, Land Tax, Encumbrance Certificate obtained from the Sub-Registrar Office, R.K.Pettai and the parent document in S.No.374/2 and the permission obtained from the President of Veeranathur Panchayat for constructing the building and the Planning Permission obtained from the President of Veeranathur Panchayat for the building to be constructed and an Indemnity Bond as per the Regulations, but the petitioner has not produced the said documents needed for providing service connection as per the Regulations.
3.The learned counsel for the petitioner would submit that the petitioner has already furnished the required copies of documents and if any additional documents are required, the same will be furnished by the petitioner to the second respondent, on receipt of any communication from the second respondent. 4.Considering the aforesaid submissions, the second respondent is directed to consider the representation dated 03.12.2013 made by the petitioner for providing electricity service connection, and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
But, if any documents are required by the second respondent for the petitioner to comply with the requirements as per the Regulations, the second respondent shall communicate the same to that effect, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such communication, the petitioner shall furnish the same within a period of two weeks from the date of receipt of communication. Thereafter, the second respondent shall consider the petitioner's representation in accordance with law and pass appropriate orders, within a period of twelve weeks.
5.With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar KM
To 1.The Senior Engineer Tamil Nadu Electricity Board Erumbi, Pallipattu Taluk, Tiruvallur District.
2.The Junior Engineer, Tamil Nadu Electricity Board, Erumbi, Pallipattu Taluk, Tiruvallur District.
+1cc to Mr.M.Mohamed Hasain, Advocate, S.R.No. 15635 W.P.No.9355 of 2014 RV(CO) GN(11/03/2019)