M.Goutham Chand v. The Assistant Engineer/ O&M
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.2762 of 2017 and W.M.P. No.2703 of 2017 M.Goutham Chand ... Petitioner Vs 1.The Assistant Engineer/O&M, TANGEDCO Ltd., Kilpauk, Medavakkam Tank Road, Chennai 600 010.
2.The Chennai Metropolitan Development Authority, Egmore, Chennai-8.
... Respondents R2 is suo motu impleaded as per order dated 16.03.2017 by MMSJ in W.P. No.2762 of 2017 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to forthwith provide electricity service connection to the petitioner at Flat No.PL-G1, No.33 & 34 Millers Road, Kilpauk, Chennai 600 010 in pursuant to the application in Form No.I for LT service connection (Tariff V) in pursuant to the application dated 20.01.2017 and 21.01.2017.
For Petitioner : Mr.R.Selvakumar For Respondents : Mr.P.R.Dhilip Kumar, Standing Counsel for R1 No appearance for R2
ORDER
The petitioner has come to this Court seeking a direction to the first respondent herein to forthwith provide electricity service connection to his Flat No.PL-G1 situated at No.33 & 34 Millers Road, Kilpauk, Chennai 600 010 in pursuance to the application in Form No.I for LT service connection (Tariff V) dated 20.01.2017 and 21.01.2017.
2.Learned counsel appearing for the petitioner would submit that the petitioner entered into a Sale Agreement for purchase of undivided share of land and construction and got the sale deed executed on 08.04.2013 and thereupon, he also got delivery of the superstructure. While so, when the petitioner approached the Assistant Engineer, the first respondent herein by way of Form-I Application for electricity service connection with the receipts of property tax and metro water tax, the same was refused on the ground that the petitioner has not enclosed the completion certificate as ordered by this Court in W.P. No.18898 of 2000 and etc.
batch holding that in the case of providing electricity connection for the special buildings and multi-storied buildings, it is mandatory to submit the completion certificate obtained from the Chennai Metropolitan Development Authority by the applicant and that the service connection will have to be considered based on such completion certificate. 3.A counter affidavit has been filed by the first respondent stating that for effecting the new service connection to the petitioner's premises, he has to produce the completion certificate obtained from the Chennai Metropolitan Development Authority.
4.At this stage, learned counsel appearing for the petitioner sought time to get instructions as to whether any completion certificate has been obtained by the petitioner. 5.But, this Court, instead of granting time, is inclined to dispose of the writ petition by giving direction to the petitioner. Accordingly, the writ petition stands disposed of directing the petitioner to approach the first respondent with a completion certificate obtained from the Chennai Metropolitan Development Authority. If the petitioner provides the completion certificate, the first respondent shall consider and pass orders, on merits and in accordance with law. Consequently, W.M.P. No.2703 is closed. No costs. Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar vga To 1.The Assistant Engineer/O&M, TANGEDCO Ltd., Kilpauk, Medavakkam Tank Road, Chennai 600 010.
2.The Chennai Metropolitan Development Authority, Egmore, Chennai-8.
+1cc to Mr.R.Selvakumar, Advocate SR.96211 +1cc to Mr.P.R.Dhilip Kumar, Advocate SR.96280 W.P. No.2762 of 2017 and W.M.P. No.2703 of 2017 NRL(CO) CB(19/12/2019)