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Madras High CourtWP/20260/2021allowed

A.Subramanian v. The Chairman / Managing Director

2021-09-23Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2021

CORAM:

THE HONOURABLE Mr. JUSTICE N.ANAND VENKATESH W.P. No. 20260 of 2021 and W.M.P.Nos.21515, 21517 of 2021

1. A.Subramanian,S/o Arunachalam, No:28/10 Kamaraj Nedunsalai, Perungalathur, Chennai 600 063.

2. S.Jayalakshmi, W/o A.Subramanian, No:28/10, Kamaraj Nedunsalai, Perungalathur, Chennai 600 063.

..Petitioners Vs.

1. The Chairman/Managing Director, TANGEDCO, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai 600 002.

2. The Superintendent of Engineer (TANGEDCO), Chennai South - II Distribution Circle, TANGEDCO, 110 KV Complex, KK Nagar, Chennai 600 078 3.The Executive Engineer(O&M), Chennai South-II Distribution Circle, TANGEDCO, Tambaram, Chennai 600 045.

4. The Assistant Executive Engineer(O&M), Chennai South II Distribution Circle, TANGEDCO, Tambaram, Chennai - 600 045.

5. The Assistant Engineer (O&M), Chennai South II Distribution Circle,TANGEDCO, Perungalathur, Chennai - 600 063 ..Respondents

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus calling for the records pertaining to the impugned letter dated 03.09.2021, in f/vz;/c-bgh-,`g-bgU';fsj ;J}h ;-kpd;,izg;g [-nfh/vz;106-21 and quash the same as illegal and arbitrary and further consequentially direct the respondents to provide new electricity connection on the petitioners application bearing Number 25307211020, dated 09.07.2021.

For Petitioner : Mr.M.Vijayanand For Respondent : Mr.L.Jaivenkatesh Standing counsel

ORDER

The subject matter of challenge in the present writ petition pertains to the communication made by the 4th respondent rejecting the request made by the petitioners seeking for service connection and for a consequential direction to provide new electricity connection based on the application submitted by the petitioners.

2. The case of the petitioners is that they are the absolute owners of the subject property and they have right and title over the same. The further case of thSe petitioners is that they had submitted an application seeking for service connection and the same was rejected by the 4th respondent on the ground that a suit was filed in O.S.No.153 of 2010 and some objections were also received. Aggrieved by the same, the present writ petition has been filed.

3. Heard Mr.Vijayanand, learned counsel appearing on behalf of the petitioners and Mr.L.Jai Venkatesh, learned standing counsel appearing on behalf of the respondents.

4. It is seen from records that the suit that is said to be pending in O.S.No.153 of 2010, has already been dismissed on 23.07.2021 and the same is evident from the case status that is found at Page No.59 of the typeset of papers.

5. In view of the above, there shall be a direction to the 5th respondent to consider the application submitted by the petitioners seeking for service connection and the same shall be provided, if the petitioners have satisfied all the other requirements. This process shall be completed by the 5th respondent within a period of two weeks form the date of receipt of a copy of this order.

6. This writ petition is allowed with the above direction. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar RAP/RR To

1. The Chairman/Managing Director, TANGEDCO, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai 600 02.

2. The Superintendent of Engineer (TANGEDCO), Chennai South - II Distribution Circle, TANGEDCO, 110 KV Complex, KK Nagar, Chennai 600 078 3.The Executive Engineer(O&M), Chennai South II-Distribution Circle, TANGEDCO, Tambaram, Chennai 600 045.

4. The Assistant Executive Engineer(O&M), Chennai South II Distribution Circle, TANGEDCO, Tambaram, Chennai - 600 045.

5. The Assistant Engineer (O&M), Chennai South II Distribution Circle,TANGEDCO, Perungalathur, Chennai - 600 063 +2cc to Mr.M.Vijayanand, Advocate, S.R.No.48946 +1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.48943 W.P.No. 20260 of 2021 and W.M.P.Nos.21515, 21517 of 2021 SRA(CO) CB(06/10/2021)