Madras High CourtWP/14294/2008dismissed

Smt. Zenithunnissa v. The Chairman

2018-07-11Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.14294 of 2008 Smt.Zenithunnissa ... Petitioner Vs.

1. The Chairman Tamilnadu Electricity Board, No.800, Annasalai, Chennai - 600 002.

2. The Assistant Engineer, Periamet, CEDC/Central Tamilnadu Electricity Board, Chennai - 600 007.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in Lr.No.A.E.E./O&M/Periamet/V.B./Lr.No.67/08 dated 11.06.2008 and quash the same and thereby effect electricity connection to the petitioner's house bearing Door No.17, E.K. Guru Street, Periamet, Chennai - 600 003 together with superstructure to an extent of 1200 sq. ft. including common passage leading to the property and to be enjoyed absolutely by the petitioner including Shop Nos.25 and 26 in the ground floor and Room No.324 in the third floor, bounded on the North by R.S.Nos.1198, 1138 and 1129, South by E.K. Guru Street, East by R.S.No.1129 and West by R.S.No.1112 in C.C.No.226 and R.S.No.1127/1 by receiving appropriate charges from the petitioner immediately.

For Petitioner : Mr.M.Vasanthakumar For Respondents : Mr.P.R.Dhilip Kumar

O R D E R

This Writ Petition has been filed, to call for the records of the impugned order passed by the 2nd respondent herein, in Lr.No.A.E.E./O&M/Periamet/V.B./Lr.No.67/08 dated 11.06.2008 and to quash the same and thereby, to effect electricity connection to the petitioner's house bearing Door No.17, E.K. Guru Street, Periamet, Chennai - 600 003 together with superstructure to an extent of 1200 sq. ft. including common passage leading to the

property and to be enjoyed absolutely by the petitioner including Shop Nos.25 and 26 in the ground floor and Room No.324 in the third floor, bounded on the North by R.S.Nos.1198, 1138 and 1129, South by E.K. Guru Street, East by R.S.No.1129 and West by R.S.No.1112 in C.C.No.226 and R.S.No.1127/1 by receiving appropriate charges from the petitioner immediately.

2. The petitioner's parents, namely, Mrs.O.S.Aisha Bi and Mr.Abdul Rasheed, had purchased the property in Door No.17, E.K.Guru Street, Periamet, Chennai on 16.03.1981 and which was registered as Document No.496/1981 in the office of the SubRegistrar, Periamet. During their lifetime, they were in enjoyment and possession of the above property and after the death of the petitioner's father, her mother had executed a settlement deed on 02.06.2003 for a portion of the above property in favour of the petitioner and which was registered as Document No.1250/2003. After execution of the same, the name of the owner for the said property was changed into the petitioner's name in all the revenue records and thereafter, she had let out one portion of the property for rent and had kept the other portion as vacant for her family use.

Since the petitioner's family was residing in a rental house at Anna Nagar, Chennai, she had decided to live in one portion of the above property, hence, she had approached the 2nd respondent electricity board to grant separate electricity connection to her portion of the above said property, but, the 2nd respondent has not considered her request even after her representation dated 26.03.2008, hence, she has filed this Writ Petition before this Court, for directing the respondent to grant electricity connection to her property.

3. The learned counsel appearing for the respondent electricity board would submit that service connection has already been effected to the petitioner's house, hence, nothing survives in this Writ Petition.

4. The learned counsel for the petitioner would also contend that the petitioner has been given the service connection as sought for in this Writ Petition.

5. Recording the above submission made by the learned counsel on both sides, this Writ Petition is closed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar raja

1. The Chairman Tamilnadu Electricity Board, No.800, Annasalai, Chennai - 600 002.

2. The Assistant Engineer, Periamet, CEDC/Central Tamilnadu Electricity Board, Chennai - 600 007.

W.P.No.14294 of 2008 EV(CO) GSP(11/10/2018)