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Madras High CourtWP/27442/2021disposed of

A.Krishna Kumar v. The Chief Electrical Officer To The Government

2022-01-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27442 of 2021 A.Krishna Kumar ... Petitioner Vs.

1. The Chief Electrical Officer to the Government, Post Box No.1152, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.

2. The Electrical Inspector, Tambaram Division, No.5, Veeralakshmi Nagar, Bharathi Nagar, First Street, Old Perungalathur, Chennai-63.

3.M/s.Sare Shelters Project Pvt.Ltd., (Formely called M/s.SARE Jubilee Shelters Pvt.Ltd.) Rep.by its Director Chockkalingam Saravanan, First Floor, SKCL ICON, C-42 & 43 CIPET Road, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600032 ... Respondents Prayer: This Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, Directing the 2nd respondent to take appropriate action on petitioner complaint dated 03.12.2020 forwarded by the 1st respondent by his Letter No. 25605 / CEIG / D1 / complaint / 2020 dated 10.12.2020 within a prescribed period.

For Petitioner : Mr.R.Sreerangan For Respondents : Mrs.C.Sangamithirai R1 & R2 Spl. Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the 2nd respondent to take appropriate action on petitioner's complaint dated 03.12.2020 forwarded by the 1st respondent by his Letter No. 25605 / CEIG / D1 / complaint / 2020 dated 10.12.2020.

2. The case of the petitioner is that the petitioner purchased a flat from the third respondent vide sale deed dated 22.04.2013. While purchasing a flat, the third respondent

promised to develop the flats 8 blocks which is containing 848 residential flats. However, till date 7 blocks only were completed. There are 53 lifts provided by the third respondent for the usage of the occupants in 8 blocks and subsequently, the maintenance of the said lifts was handed over to the Chennai Elevators. The said firm has no valid license issued by the first respondent at the date of ending of contract with the third respondent. Again the third respondent had terminated the contract with above said firm and handed over the contract to one M/s.Entriz Elevators and Stellar Bright Elevators. The further case of the petitioner is that both the companies are not approved by the first respondent for maintenance of the lift. In this regard, the petitioner sent a complaint dated 03.12.2020 to the first respondent, in turn, the first respondent was forwarded the same to the second respondent dated 10.12.2020. Till date, the same was not considered, the present writ petition has been filed seeking the above said relief.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to enquire the petitioner's complaint and take necessary action in accordance with law within the stipulated period as fixed by this Court.

4. The learned Special Government Pleader appearing on behalf of the respondents 1 & 2 submitted that the petitioner's complaint will be enquired by the second respondent and if, necessary, action will be taken in accordance with law within the stipulated period as fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Special Government pleader appearing on behalf of the respondents 1 & 2. Perused the materials available on record. No adverse order is passed against the 3rd respondent and hence, the presence of the 3rd respondent is dispensed with.

6. Taking into consideration the facts and circumstances of the case and the genuine request made by the petitioner, there shall be a direction to the second respondent to enquire the complaint dated 03.12.2020, which was forwarded by the first respondent dated 10.12.2020 and take necessary action on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rli

To 1.The Chief Electrical Officer to the Government, Post Box No.1152, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.

2.The Electrical Inspector, Tambaram Division, No.5, Veeralakshmi Nagar, Bharathi Nagar, First Street, Old Perungalathur, Chennai-63.

+1cc to the Government Pleader, S.R.No.321 W.P.No.27442 of 2021 KSM(CO) SB(24/01/2022)