M.Ramanthan, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:25.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.21936 of 2019 M.Ramanathan ... Petitioner Vs.

1.The Commissioner, Ribbon Building, Chennai 600 003.

2.The Assistant Commissioner, Zone XIII, Adyar, Chennai 600 020.

3.The Assistant Engineer, TANGEDCO, Taramani, Chennai 600 113.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the representation dated 06.02.2019 and to grant No Objection Certificate (NOC) to the petitioner's shop situated at Survey No.296/2A2, Kottivakkam Village, 7 feet Road Margin leading to Taramani - Velacherry Road, Chennai for obtaining electricity connection.

For Petitioner: Mr.G.Ranganathan For Respondents: Ms.Karthika Ashok for RR1 & 2 Mr.S.K.Rameshwar for R3 Standing Counsel (TANGEDCO)

O R D E R

This writ petition has been filed seeking issuance of Mandamus, directing the 1st respondent to dispose of the

representation dated 06.02.2019 and to grant No Objection Certificate (NOC) to the petitioner's shop situated at Survey No.296/2A2, Kottivakkam Village, 7 feet Road Margin leading to Taramani - Velacherry Road, Chennai for obtaining electricity connection.

2.The petitioner is a differentlyabled person and has obtained 65% disability certificate from the Commissioner for the Welfare of the Differentlyabled, Peripheral Hospital Campus, KK.Nagar, Chennai. While so, the petitioner has put up a small bunk shop on the 7 feet road margin near the SRP Tools bus stop bearing Survey No.296/2A2, Kottivakkam Village, leading to Taramani-Velacherry Road, Chennai. In order to get electricity service connection to his shop, he approached the respondent, wherein he was required to produce a 'No Objection Certificate' from the first respondent herein. Therefore, the petitioner has made a representation before the respondents 1 and 2 on 06.02.2019 seeking to issue 'No Objection Certificate' in his favour. Since no orders have been passed, the petitioner has filed the present petition with the aforesaid prayer. 3.Heard both sides.

4.The learned counsel for the respondents 1 and 2 submitted that the petitioner has put up the shop without obtaining license from the municipality.

5.In view of the fact that the petitioner has not obtained license from the Municipality to put up his bunk shop, the prayer sought for in this petition cannot be considered. Accordingly, this Writ Petition stands dismissed. However, the petitioner is at liberty to approach the concern authority to obtain license and thereafter make a fresh application before the third respondent to get electricity connection. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Commissioner, Ribbon Building, Chennai 600 003.

2.The Assistant Commissioner, Zone XIII, Adyar, Chennai 600 020.

3.The Assistant Engineer, TANGEDCO, Taramani, Chennai 600 113.

+1cc to Mr.S.K.Raameshuwar, Advocate Sr.63538 +1cc to Mr.G.Ranganathan, Advocate Sr.63653 +1cc to Mrs.Karthikaa Ashok, Advocate Sr.63759 W.P.No.21936 of 2019 sai[co] srg 30/08/2019