Mr.B.Athis Kumar Jain v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.17122 & 17123 of 2004 and W.P.M.P.Nos.20313 & 20314 of 2004 Mr.B.Athis Kumar Jain .. Petitioner in W.P.17122 of 2004 Mr.H.Prakash Bohara .. Petitioner in W.P.17123 of 2004 Vs.

1) The Executive Engineer, O & M/ Tamil Nadu Electricity Board, Perambur, Chennai 600 011 .. Respondent in W.P.17122/04

2) The Superintending Engineer, C.E.D.C.(Central), Valluvarkottam, Nungambakkam, Chennai 600 034 .. Respondent in W.P.17123/04 W.P.17122 of 2004:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent authorities functioning under him to receive the Application of the petitioner for supply of Electricity, consider the same and direct regular supply of Electricity of residential tariff basis to the variation units of the petitioner building at No.5, Trust South Street, Ramalaingapuram, Ayanavaram, Chennai without insisting upon the production of completion certificate from the C.M.D.A./ Corporation of Chennai in the light of the provisions of the Electricity Act, 2003 within such time as may be fixed by this Court.

W.P.17123 of 2004:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent authorities functioning under him to receive the

Application of the petitioner for supply of Electricity, consider the same and direct regular supply of Electricity of residential tariff basis to the variation units of the petitioner building at No.17, V.O.C.Salai, Chennai 600 079 without insisting upon the production of completion certificate from the C.M.D.A./ Corporation of Chennai in the light of the provisions of the Electricity Act, 2003 within such time as may be fixed by this Court.

For Petitioner : Mr.D.Aravindhan for M/s.S.Hemalatha in both W.P's For Respondents: Mr.P.R.Dhilip Kumar for Electricity Board in both W.P's C O M M O N O R D E R When the Writ Petitions were taken up for hearing on 13.07.2017, Mr.D.Aravindhan, learned counsel appearing for the petitioner's counsel submitted the communication letters bearing Letter Nos. RL A RT056581743IN and RL A RTO056581814IN dated 07.07.2017 which were sent to the petitioners by Mr.Kamalesh Kannan, advocate who is appearing in the matter. The original copies of the above communications have been returned to the learned counsel Mr.D.Aravindhan after perusal. 2.Since Mr.R.Subramaniam, learned counsel for the petitioners, is no more and that there has been no further communication from the petitioner's side, I find that there is no justification in granting adjournment.

3.When the writ petitions came up for hearing on 05.07.2017, there was no representation for the petitioners and this Court posted the matter 'for dismissal' on 06.07.2017. Consequently, when the writ petitions came up for hearing on 06.07.2017, learned counsel for the petitioners submitted that Mr.R.Subramaniam is no more and therefore, another counsel has come on record. Inspite of the efforts taken by the learned counsel of the petitioners, the party has not evinced any interest to continue with the writ petitions and hence these Writ petitions are dismissed for default. Connected, miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar sts

To:

1) The Executive Engineer, O & M/ Tamil Nadu Electricity Board, Perambur, Chennai 600 011

2) The Superintending Engineer, C.E.D.C.(Central), Valluvarkottam, Nungambakkam, Chennai 600 034 W.P.Nos.17122 & 17123 of 2004 SKS(CO) sp(24/08/2017)