Madras High CourtWP/39101/2016disposed of

M.Premavathi v. The Chairman

2016-11-18Honourable Mr Justice N. Kirubakaran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2016 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P No.39101 of 2016 M.Premavathi ...

Petitioner Vs

1. The Chairman Tamil Nadu Generation of Electricity & Distribution Corporation, Anna Salai, Chennai - 600 002.

2.The Assistant Engineer, Operation and Maintenance, Tamil Nadu Generation of Electricity & Distribution Corporation, E.Pa.Nammalwarpet, Chennai Electricity Distribution Central Division, Kilpauk, Chennai - 600 010.

...

Respondents Writ Petition is filed under Article 226 of the constitution for issuance of writ of writ of certiorarified mandamus calling for the records of the 2nd respondent in U.Po.E.Pa./Na.Pettai Perivu/Ko.Thani/Ka.No.208 dated 26.09.2016 and quash the same and consequently direct the 2nd respondent to give three phase electricity service connection to the petitioner's house situated at No.92/8, Sandhiyappan 2nd Street, Otteri, Chennai - 600 012 by way of replacing the single phase connection bearing Service No.150/018/651 within a time frame.

For Petitioner : Mr.K.P.Chandrasekaran For Respondents : Mr.P.R.Dhilipkumar

O R D E R

The petitioner is said to be one of the co-owner of the property bearing No.92/8, Sandhiyappan 2nd Street, Otteri, Chennai - 600 012. The said property has got three electricity service connections in the name of the petitioner and her sisters and all the co-owners are residing in the same premises. The petitioner now wants to upgrade the single phase electricity service connection bearing No.150/018/651 into three phase electricity connection. In this regard, though the petitioner applied to the second respondent, the same was rejected by the respondent vide impugned order dated 26.09.2016 stating that the application has not been given in the property format and no objection has not been obtained from the other coowners of the property.

2. It is seen that there is a specific format available with the respondent for applying new electricity service connection or to upgrade the existing single phase connection. Therefore, the petitioner has to apply in the proper format however there is no necessity for the petitioner to get no objection from the other co-owners as the petitioner herself is one of the co-

owner of the property. If at all any indemnity bond is required, the same can be obtained from the petitioner.

3. In view of the above, the petitioner is directed to apply to the respondent in the proper format, with all required documents and on receipt of such application, the second respondent is directed to consider and pass appropriate orders, in upgrading the existing new single phase electricity service connection into three phase connection, within a period of two weeks thereafter.

4. With the above direction, this writ petition is disposed of. No costs.

18.11.2016 rgr Index: Yes/No

N.KIRUBAKARAN, J.

rgr To

1. The Chairman Tamil Nadu Generation of Electricity & Distribution Corporation, Anna Salai, Chennai - 600 002.

W.P No.39101 of 2016 18.11.2016

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