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Madras High CourtWP/24404/2023disposed of

C.K.Balakrishnan v. The Assistant Engineer

2023-11-24Honourable Dr Justice Anita Sumanth4 pages

2023:MHC:5207

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH CK Balakrishnan .. Petitioner vs The Assistant Engineer, TNEB/TANGEDCO, Door No.10, 5-9, 2nd Street, Co-operative Colony, MGR Nagar, Mettupalayam - 641 301 .. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent to provide new electricity connection in the name of the petitioner to the property situated in Door No.9/51 Karamadi Road, Mettupalayam 641 301 in accordance with law.

For Petitioner :

Mr.Karthik Ranganathan For Respondents :

Ms.Keerthana Shenoi, for Mr.L.Jaivenkatesh Standing Counsel 1/4

ORDER

The petitioner has approached this Court seeking a mandamus directing the respondent to provide new electricity connection in his name for the property at Door No.9/51 Karamdi Road, Mettupalayam 641 301.

2.

The petitioner had at the time of filing of writ petition only made a manual application, which is impermissible under the prevailing Rules and Regulations.

3.

Pending writ petition and on being intimated of the proper procedure, petitioner is stated to have made an online application on 23.09.2023. The application is seen to have been under process from 09.10.2023 onwards and was put on hold on two occasions i.e., 18.10.2023 and 27.10.2023 to enable the petitioner to attend to the defects in the application. 4.

The defects that have been set out are that NOC from co-owner has not been produced and completion certificate has not been enclosed. Since there was no response from the petitioner, the respondent has proceeded to cancel the application on 03.11.2023. This order has not been challenged by the petitioner. 5.

Hence mandamus, as sought for by the petitioner, cannot be issued in the face of order dated 03.11.2023. However, 2/4

the petitioner is always at liberty to make a fresh application and such application if and when filed, shall be disposed expeditiously, after hearing the petitioner, in accordance with law, and prevailing guidelines, within a period of four weeks form the date of receipt of the same.

6.

Writ petition stands disposed in terms of this order. No costs.

24.11.2023 Index:Yes/No ssm To The Assistant Engineer, TNEB/TANGEDCO, Door No.10, 5-9, 2nd Street, Co-operative Colony, MGR Nagar, Mettupalayam - 641 301 3/4

DR. ANITA SUMANTH,J.

ssm 24.11.2023 4/4