Shabeer Ahmed v. The Junior Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19/9/2024 C O R A M THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Shabeer Ahmed ...
Petitioner Vs
1. The Junior Engineer Tamil Nadu Generation and Distribution Corporation Vellore Distribution Circle Ratnagiri Vellore District.
2. The Chief Executive Officer Tamil Nadu Wakf Board 1 Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001.
...
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to give No Objection Certificate for the petitioner's property situated in S.No.60/1 A Arapakkam Village, Walaja Taluk, Ranipet District to the extent of 1.01 acres, for providing electricity connection consequently direct the first respondent to provide electricity connection within stipulated period.
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For petitioner ...
Mr.GM.Saathish Kumar For respondents ...
Mr.S.Madhusudhanan for R.1 Mr.Avinash Wadhwani for R.2 - - - - -
O R D E R
This writ petition has been filed to direct the second respondent to give No Objection Certificate for the petitioner's property situated in S.No.60/1 A Arapakkam Village, Walaja Taluk, Ranipet District to the extent of 1.01 acres, for providing electricity connection and consequently direct the first respondent to provide electricity connection forthwith.
2. The facts in brief that are necessary for the disposal of the writ petition are as follows:- The petitioner is in enjoyment and possession of the property in S.No.60/1A Arapakkam Village, Walaja Taluk, Ranipet District to the extent of 1.01 acre. Only after obtaining No Objection Certificate from Superintendent of Wakf, Vellore, Vellore District, dated 25/8/2017, sale deed was duly registered in Doc.No.4059 dated 15/9/2017. Page No:2/4
3. The petitioner had approached the first respondent for electricity connection and paid necessary charges to the tune of Rs.5,192/- and acknowledgment was also given to that effect. On 1/7/2024, first respondent had issued a communication dated 1/7/2024 stating that Arapakkam Masjid had objected stating that it is a Wakf property. Even though the first respondent had sent a communication to the second respondent to give No Objection certificate, second respondent has not issued the same till date. Being aggrieved, the petitioner has come forward with the instant writ petition.
4. Heard Mr.M.Sathish Kumar, learned counsel for the petitioner, Mr.S.Madhusudhanan, learned counsel for the first respondent and Mr.Avinash Wadhwani, learned counsel for the second respondent.
5. Learned counsel appearing for the petitioner submitted that already Superintendent of Wakf, Vellore, had issued No Objection for registration of the abovesaid property to the petitioner on 25/8/2017. After document was registered in favour of the petitioner, for providing electricity connection, again insisting for No Objection Certificate. M.DHANDAPANI,J Page No:3/4
mvs.
6. Considering the fact that Wakf Board has issued No Objection Certificate on 25/8/2017, thereby, document was registered in Doc.No.4059 of 2017 dated 15/9/2017, first respondent is directed to effect electricity connection in favor of the petitioner, within a period of one week from the date of receipt of a copy of this order. However, effect of service connection subject to the proceeding to be initiated by the second respondent.
7. With the above direction, this writ petition is disposed of. No costs.
19/9/2024 mvs.
Index : Yes / No W.P.No.27010 of 2024 Page No:4/4