Madras High CourtWP/33968/2022disposed of

Karthik Udaykumar v. The Assistant Executive Engineer

2023-01-12Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.33968 of 2022 and W.M.P.No.33446 of 2022 Karthik Udaykumar .. Petitioner Vs.

1.The Assistant Executive Engineer, TANGEDCO, O&M, MEDC Central, C.I.T.Nagar, No.86, Dr.Radhakrishnan Salai, C.I.T.Nagar, Chennai - 600 004.

2.The Chennai Metropolitan Development Authority, Rep.by its Members Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent pertaining to Proceeding No.Ka.No.U.Se.Po./Epara/Mayilai/Ni.A/U.Ko.U.Va/A.No.738 / 2022 dated 07.09.2022 and quash the same and consequently direct the 1st respondent to provide permanent new separate electricity service connection to the

petitioner's property bearing Flat Old No.3/2, New No.5/2, First Floor, New No.5, Old No.3, C.I.T.Colony, 1st Main Road, Mylapore, Chennai - 600 004 based on the petitioner's online application dated 24.07.2021 without insisting the petitioner to get completion certificate and safety certificate. For Petitioner .. Ms.J.P.Dhanyasree For R1 .. Mr.L.Jai Venkatesh, Standing Counsel For R2 .. Mr.C.Manoharan, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of Certiorarified Mandamus, calling for the records of the 1st respondent pertaining to Proceeding No.Ka.No.U.Se.Po./Epara/Mayilai/Ni.A/U.Ko.U.Va/A.No.738 / 2022 dated 07.09.2022 and quash the same and consequently direct the 1st respondent to provide permanent new separate electricity service connection to the petitioner's flat bearing Old No.3/2, New No.5/2, First Floor, New No.5, Old No.3, C.I.T.Colony, 1st Main Road, Mylapore, Chennai - 600 004 based on the petitioner's online application dated 24.07.2021 without insisting the petitioner to get completion certificate and safety certificate.

2.The petitioner is residing in flat Old No.3/2, New No.5/2, First Floor, New No.5, Old No.3, C.I.T.Colony, 1st Main Road, Mylapore, Chennai - 600 004. The petitioner had purchased the flat and now seeks electricity connection. It is stated by the respondents that there is no proper plan and approval for the apartment. The electricity connection sought by the petitioner was therefore not granted by the 1st respondent herein. 3.The petitioner herein had earlier filed a petition in W.P.No.22227 of 2021 seeking consideration of representation or the application filed through online for grant of electricity connection. A mandamus was issued seeking consideration of such online application. The present writ petition has been filed, since that application has been rejected. 4.The petitioner had purchased the flat in the aforesaid address.

Necessary documents for possession of the flat will have to be provided with the respondents. If the said documents are provided and the petitioner is residing in the flat, subject to necessary undertaking as required by the respondents, the 1st respondent may proceed to provide electricity connection to the flat of the petitioner herein. 5.

with electricity connection. There is no reason why the petitioner should be denied that particular facility. It is an essential amenity and should be provided by the 1st respondent.

6.The petitioner should pay the necessary charges and also give necessary undertaking as required by the 1st respondent. If the petitioner submits all the requisite documents and undertaking, the 1st respondent is directed to provide electricity connection on or before 03.02.2023. 7.With the above observations, the Writ Petition stands disposed of. Consequently, the connected Writ Miscellaneous Petition is closed. 12.01.2023 Index:Yes/No Internet:Yes/No smv To

1.The Assistant Executive Engineer, TANGEDCO, O&M, MEDC Central, C.I.T.Nagar, No.86, Dr.Radhakrishnan Salai, C.I.T.Nagar, Chennai - 600 004.

2.The Members Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

C.V.KARTHIKEYAN,J.

smv W.P.No.33968 of 2022 and W.M.P.No.33446 of 2022 12.01.2023