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Madras High CourtWP/25683/2016disposed of

A.Balakrishnan, v. The Superintending Engineer

2016-08-18Honourable Mr Justice N. Kirubakaran3 pages

In the High Court of Judicature at Madras Dated: 18.08.2016 Coram:

The Hon'ble Mr.Justice N.KIRUBAKARAN W.P.No.25683 of 2016 A.Balakrishnan ..Petitioner Vs.

1. The Superintending Engineer, Tamilnadu Electricity Board, South K.K.Nagar, Chennai - 600 078

2. The Assistant Engineer, Tamilnadu Electricity Board, No.4, Park Street, Alwarthirunagar, Chennai - 600 087

3. Mr.K.Sivanesan .

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus directing the respondents to initiate action on complaints dated 29.10.2014 and 25.06.2016 in accordance with law and restore power supply to the petitioner office with the consumer no.09227032416. For Petitioner :

Mr.M.Dhandapani for Mr.D.Ravindranathan For Respondents:

Mr.S.K.Rameshwar for TNEB for R1 and R2 No appearance for R3

O R D E R

The petitioner is said to be the owner of the property and he has got three shops in Plot No.42, Survey no.174/3, Virugambakkam village, AVM avenue lay out. Out of the three shops, the petitioner is in occupation of the middle shop, carrying on business in the name and style of Aswathy Foundation, which has got electricity no.09227032416 (petitioner's office). The shop on the northern side of the petitioner's shop is occupied by the tenant Mr.P.Venkatesan,

who is running a tea shop and had got electricity connection with consumer no.09227032415 (Tea shop). The southern side of the shop is occupied by Sivanesan, 3rd respondent herein, who is running a fancy store and having connection with consumer no.09227032417.

2. According to the petitioner, Mr.Sivanesan, who is running a fancy store, did not pay the electricity charges leading to disconnection of consumer no.09227032417. However, the 3rd respondent unauthorisedly and stealthily tampered with the meter box of the petitioner's connection with consumer no.09227032416 and enjoying the electricity from that. As a result, the petitioner is unable to enjoy electricity connection to his office. Therefore, the petitioner has given complaints on 29.10.2014 and 25.06.2016 and approached this Court seeking a Writ of Mandamus directing the respondents to initiate action on the petitioner's complaints dated 29.10.2014 and 29.06.2016.

3. Heard Mr.M.Dhandapani, learned counsel appearing for the petitioner and Mr.S.K.Raameshwar, learned counsel appearing for the 1st and 2nd respondents. Though the name of the learned counsel for the 3rd respondent Mr.Ramesh is printed in the cause list, no one appears on behalf of him.

4. Taking into consideration the limited prayer sought for by the petitioner, the respondents 1 and 2 are directed to enquire the petitioner's complaints dated 29.10.2014 and 29.06.2016 and after affording opportunity of personal hearing to the petitioner as well as 3rd respondent, dispose of the said representations within a period of two weeks from the date of a receipt of copy of this order.

With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To

1. The Superintending Engineer, Tamilnadu Electricity Board, South K.K.Nagar, Chennai - 600 078

2. The Assistant Engineer, Tamilnadu Electricity Board, No.4, Park Street, Alwarthirunagar, Chennai - 600 087

3. Mr.K.Sivanesan +1cc to Mr.S.K.Ramashuwar, Advocate Sr.47161 +1cc to M/S. D.Ravindranathan, Advcoate Sr.47460 W.P.No.25683 of 2016 ppa[co] srg 21/09/2016