R.Aysha Bee, v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.19767 of 2014 1.R.Aysha Bee 2.Halima Bee 3.R.Raziya Bee 4.Fathima Bee 5.Munna Bee 6.Jakir Husain 7.Sadik Basha @ Babu 8.Sharmila Begum 9.Fathima Begum ... Petitioners Vs.

1.The Assistant Engineer, Tamil Nadu Electricity Board, Velachery (East), Operation and Maintenance, Chennai - 600 042.

2.K.Alameluammal 3.Dilip Kumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 1st respondent to supply energy by providing electricity service connection in the name of the 1st petitioner for the property at Door No.6A Murphy Doss Road, Velachery 600 042, measuring about 90 cents comprised in S.No.167 (as per Patta S.No.167/1), Velachery Village, Saidapet Taluk bearing Patta No. 222.

For Petitioner : Mr.M.Sivavarthanan For R1 : Mr.P.Gunaraj Standing Counsel For R2 : No appearance For R3 : Mr.P.B.Balaji https://hcservices.ecourts.gov.in/hcservices/ Page numbers

O R D E R

The petitioner has filed the above writ petition to issue a writ of mandamus directing the 1st respondent to supply energy by providing electricity service connection in the name of the 1st petitioner for the property at Door No.6A, Murphy Doss Road, Velachery - 600 042, measuring about 90 cents at Velachery Village, Saidapet Taluk.

2.When the matter was taken up for hearing, Mr.M.Sivavarthanan, learned counsel appearing for the petitioner submitted that the petitioner and the 3rd respondent had settled the dispute between them in O.S.No.5444 of 2011 on the file of the IV Additional Judge, City Civil Court, Chennai, by entering a comprise decree dated 27.03.2019 and therefore, the 1st respondent may be directed to provide electricity service connection to the petitioners. 3.Mr.P.Gunaraj, learned Standing Counsel appearing for the 1st respondent, submitted that the 2nd respondent is also opposing the claim made by the petitioners and therefore, the 1st respondent may be directed to consider the petitioners' request for providing electricity connection, after giving notice to the respondents 2 and 3.

4.Recording the submissions made by the learned counsel on either side, I grant four weeks' time to the petitioners to submit their application before the 1st respondent and I direct the 1st respondent to consider the petitioners' application and decide the same on merits and in accordance with law, after giving notice to the respondents 2 and 3, within a period of four weeks from the date of submission of the application. 5.With these observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mkn To The Assistant Engineer, Tamil Nadu Electricity Board, Velachery (East), Operation and Maintenance, Chennai - 600 042.

W.P.No.19767 of 2014 LN(CO) CB(14/10/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers