S.Samdani v. Junior Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22586 of 2014 S.Samdani

...Petitioner

Vs 1.Junior Engineer, Operation & Maintenance, TANGEDCO, Tamil Nadu Electricity Board, Kanakamma Chatram - 631 204.

2.S.Azima ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to effect the new electricity connection in Door No.1/93, Bazzar Street, Kanakamma Chatram, by considering the petitioner's representation dated 03.07.2014. For Petitioner : Mr.B.Ram Prabhu For Respondent R1: Mr.L.Jai Venkatesh Standing Counsel [For TANGEDCO] R2: Mr.Abdul Khadar For Mr.N.A.Hussainy

O R D E R

The learned counsel appearing on behalf of the respondent / Electricity Board made a submission that the petitioner submitted an application for providing Electricity connection in Door No.1/193, Bazzar Street, Kanakamma Chatram.

2. The said application was taken into consideration and on enquiry, it is found that the mother of the writ petitioner submitted an objection for providing Electricity Service connection in the said premises.

3. This apart, a Civil Suit was filed in O.S.No.37 / 2004 before the Sub Court, Thiruvallur, impleading the petitioner and his mother as defendants and the judgment was also pronounced against the defendants. An Appeal Suit in A.S.No.82 of 2010 was filed on the file of the Additional District Court, Thiruvallur, wherein a compromise memo was filed by the petitioner. Thereafter, the compromise memo was not accepted and it was dismissed. Under those circumstances, the writ petitioner was requested by the Electricity Board authorities to produce all the documents in respect of his lawful possession of the premises, the partition deed, sale deed as well as the decree and judgment passed in A.S.No.82 of 2010 along with the compromise memo.

4. However, the petitioner has not submitted all such relevant documents, enabling the authorities to consider the application for providing Electricity Service Connection. Thus, the request of the petitioner has not been complied with.

5. Under these circumstances, the petitioner is at liberty to submit all the relevant documents and necessary particulars to the respondent/authorities, enabling them to consider the application submitted by the petitioner for providing Electricity Service Connection. In the event of submitting all the required particulars, the application submitted by the petitioner is to be considered by following the procedures as contemplated under law.

6. With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar kak

To The Junior Engineer, Operation & Maintenance, TANGEDCO, Tamil Nadu Electricity Board, Kanakamma Chatram - 631 204.

W.P.No.22586 of 2014 KSM(CO) CB(02/12/2021)