Madras High CourtWP/18180/2023disposed of

S.Selvam v. The Assistant Engineer

2023-06-21Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI S.Selvam ... Petitioner Vs.

1. The Assistant Engineer, O/o.The Assistant Electrical Engineer, Tamil Nadu Electricity Board, (Usman Road & T.Nagar / South), No.33/11, K.V.Usman Road SS Complex, Bazulla Road, T.Nagar, Chennai - 600 107.

2. The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to grant electricity service connection to the petitioner's bunk shop situated at Near Akalaya Appartment's Gate, Opposite to Door No.207, Mambalam High Road, T.Nagar, Chennai - 600 017, by considering his representation dated 27.02.2023 till the Township Vending Committee is constituted by the 2nd respondent and decide the issue of grant of Certificate of Vending to the petitioner's shop.

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For Petitioner :

Mr.L.Chandrakumar For R1 :

Mr.L.Jai Venkatesh R2 :

Mrs.P.T.Ramadevi

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the the 1st respondent to grant electricity service connection to the petitioner's bunk shop situated at Akalaya Appartment's Gate, Opposite to Door No.207, Mambalam High Road, T.Nagar, Chennai - 600 017, by considering his representation dated 27.02.2023 till the Township Vending Committee is constituted by the 2nd respondent and decide the issue of grant of Vending Certificate to the petitioner's shop.

2. It is the case of the petitioner that he is running a bunk shop at T.Nagar, Chennai by selling tea coffee, snacks and other food items. Seeking electricity service connection for the said shop, he made a representation dated 27.02.2023 before the first respondent, pursuant to which the first respondent orally insisted the petitioner to obtain No Objection Certificate from the Corporation. Hence the petitioner has filed the present writ petition seeking electricity service connection to his shop without insisting No Objection Certificate from the Chennai Corporation.

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3. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 27.02.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

4. The learned standing counsel appearing for the first respondent submitted that if the petitioner produce the No Objection Certificate from the Chennai Corporation and the allotment order of the aforesaid shop, his application will be considered and appropriate orders will be passed.

5. On the above contentions heard learned counsel appearing for the second respondent and perused the materials placed on record.

6. In the light of the submission made by learned standing counsel appearing for the first respondent, this Court without going into the merits of the case directs the petitioner to produce the No Objection Certificate and the allotment order of the said bunk shop before the first respondent within a 3/5

period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same the first respondent is directed to consider the representation made by the petitioner dated 27.02.2023 seeking electricity service connection for the aforesaid bunk shop and pass appropriate orders on merits and in accordance with law within a period of six (6) weeks thereafter.

7. Accordingly, this writ petittion is disposed of. No costs. 21.06.2023 (rap) Index : Yes / No Speaking order / Nonspeaking order To

2. The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

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M.DHANDAPANI, J.

rap 21.06.2023 5/5