Syed Naimuddin. v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 11258 of 2017 Syed Naimuddin .. Petitioner Vs

1. The Chairman, Tamil Nadu Electricity Board, Chennai.

2. The Superintendent Engineer, Tamil Nadu Electricity Board, Tirupattor, Vellore District.

3. The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Urban, Gudiyatham.

4. The Junior Engineer, Tamil Nadu Electricity Board, Urban II, Santhapettai, Gudiyatham.

5.Yasmeen 6.Parveen 7.Aseen 8.Shanaz 9.Hulbath .. Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of mandamus, directing the 1st to 4th Respondents to consider the petitioner's representation dated 09.06.2016 for to consider his objections for issuing Electricity Connection in favour of Trespassers in respect of property in T.S.No.792/6, 792/5, Thalayatham and disconnect the electricity connection issued to the trespassers i.e. 5th to 9th respondents.

For Petitioner : Mr.D.Rajagopal

For Respondents : Mr.Jai Venkatesh, TNEB - R1 to R4 : Mr.K.Mohanmurali - R5 to R9

O R D E R

Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the respondent 1 to 4, learned counsel appearing for the respondents 5 to 9 and perused the records.

2. According to the learned counsel appearing for the petitioner, the respondents 5 to 9 herein are the illegal trespassers of the property in T.S.No.792/6, 792/5, Thalaatham, hence the writ petitioner has made a representation dated 09.06.2016 to the respondents 1 to 4 not to provide the electricity connection to the respondents 5 to 9. The learned counsel appearing for the petitioner further submitted that even after the representation/objection dated 09.06.2016, the respondents 1to 4 are trying to provide the electricity connection to the respondents 5 to 9. Challenging the same, the present writ petition is filed.

3. The 3rd respondent has filed the counter statement , wherein it is stated that the respondents 5 to 9 are entitled for the electricity connection.

4. In view of the aforesaid submissions made by the learned counsel appearing for the respondent-Board, the 2nd respondent is directed to consider the petitioner's objections/representation dated 09.06.2016 and pass orders after providing opportunity to the respondents 5 to 9, and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to submit a copy of his representation dated 09.06.2016 to the 2nd respondent.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO-VI) //True Copy// Sub Assistant Registrar ak

To

1. The Chairman, Tamil Nadu Electricity Board, Chennai.

2. The Superintendent Engineer, Tamil Nadu Electricity Board, Tirupattor, Vellore District.

3. The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Urban, Gudiyatham.

4. The Junior Engineer, Tamil Nadu Electricity Board, Urban II, Santhapettai, Gudiyatham.

+1cc to Mr.Jai Venkatesh, Advocate, S.R.No.34145 W.P.No. 11258 of 2017 PCH(CO) CT(12/08/2021)