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Madras High CourtWP/22953/2017disposed of

R.Venkatesan v. Tamil Nadu Generation &

2019-03-18Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2019

CORAM

THE HONOURABLE Dr.JUSTICE ANITA SUMANTH WP. No.22953 of 2017 R.Venkatesan ... Petitioner Vs.

1.Tamil Nadu Generation and [TANGEDCO], rep. by its Chairman, N.P.K.R.R. Maaligai, Electricity Avenue, Anna Salai, Chennai - 600 002.

2.The Assistant Engineer, [TANGEDCO], Royapettah Electricity Distribution Circle, Royapettah High Road, Chennai - 600 014.

3.R.Gunasekaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus direct to provide separate Fresh Electricity Service connection to the petitioner's portion viz., A portion in the First Floor of the premises bearing Old Door No.22, New No.100, Othavadai Street, Ammani Amman Garden, New Washermenpet, Chennai - 600 081, within a time fixed by this Court.

For Petitioner : Mr.K.Premkumar For Respondents: Mr.P.R.Dilipkumar, Standing Counsel for R1 & R2 R3 : No appearance

ORDER

The limited payer in the Writ Petition is for a Mandamus directing the 2nd respondent/The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation [TANGEDCO] to provide separate Fresh Electricity Service connection to the

petitioner's portion viz., a portion in the first floor of the premises bearing Old Door No.22, New No.100, Othavadai Street, Ammani Amman Garden, New Washermenpet, Chennai - 600 081.

2. The petitioner is residing in the afore stated address pursuant to the demise of his parents and the 3rd respondent/his brother is also residing in the same property. According to the petitioner there is a single domestic electricity connection for the property and on account of frequent misunderstandings between the petitioner and his brother/3rd respondent, disputes have arisen with regard to the sharing of the electricity consumption charges to be paid and consequent delay in remittances. As a result, there is the constant threat of disconnection of power supply by the authorities. The petitioner has approached the 2nd respondent by way of a representation dated 24.06.2017 requesting a new service connection for his part of the property. As per the postal track, the said application has been received by the second respondent on 27.06.2017. However, there has been no action taken by the 2nd respondent in this regard till date.

3. In the light of the aforesaid factual matrix, this Court is of the view that it would suffice to direct the 2nd respondent to consider the representation dated 24.06.2017 and pass orders in accordance with law.

4. Accordingly, the 2nd respondent is directed to consider representation dated 24.06.2017 and pass orders in accordance with law, after hearing the petitioner and all other concerned parties within a period of six weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of in the above terms. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar rkp To:

1.The Chairman, [TANGEDCO], N.P.K.R.R. Maaligai, Electricity Avenue, Anna Salai, Chennai - 600 002.

2.The Assistant Engineer, [TANGEDCO], Royapettah Electricity Distribution Circle, Royapettah High Road, Chennai - 600 014.

+1cc to Mr.K.Prem Kumar, Advocate, S.R.No. 25291 +1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No. 25531 WP. No.22953 of 2017 VD(CO) GN(21/03/2019)