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Madras High CourtWP/16950/2003dismissed as infructuous

M/S.Seven Star Enterprises v. T.N.E.B.

2017-01-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.NO.16950 OF 2003 M/s.Seven Star Enterprises Rep. By its Proprietor N.Devarajan A-80, 3rd Avenue, Anna Nagar, Chennai - 600 102.

... Petitioner Vs.

Tamil Nadu Electricity Board Rep. By its Junior Engineer (O&M) St. Thomas Mount South Section Meenambakkam, Chennai - 600 016.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India with a prayer to issue a Writ of Certiorari, to call for the records of the respondent in his proceedings in Letter No.,.bgh./M/nfh/m/03 dated 11.06.2003 in so far as the service connection nos.242-71-164, 242-63-246 and 242-6137 are concerned and quash the same. For Petitioner :

Ms.R.Maheswari For Respondent :

Mr.S.K.Raameshuwar

O R D E R

When the matter was taken up for hearing, Ms.R.Maheswari, learned counsel for the petitioner on record submitted that the subject matter of the writ petition has become infructuous. She has also made an endorsement to that effect in the Court bundle.

2. However, on scrutiny of the Court bundle, it is found that the affidavit and the writ petition enclosing the Court fee is unavailable. This Court ordered reconstruction of the bundle and directed Ms.R.Maheswari, learned counsel for the petitioner and Mr.S.K.Raameshuwar, learned counsel for the Electricity Board to submit their office copies of the writ https://hcservices.ecourts.gov.in/hcservices/

petition and affidavit. Both of them submitted that in the floods that came in December 2015, all their records were destroyed. The counter affidavit filed by the respondent alone is available in the case bundle. Therefore, the Court Officer was not able to reconstruct the writ petition, affidavit and the stamp paper.

3. Since the learned counsel for the writ petitioner has endorsed that the subject matter of the writ petition has become infructuous, the matter may be put to rest. Accordingly, this writ petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar TK To The Junior Engineer (O&M) Tamil Nadu Electricity Board St. Thomas Mount South Section Meenambakkam, Chennai - 600 016.

msm(CO) md(27/02/2017) W.P.NO.16950 OF 2003 https://hcservices.ecourts.gov.in/hcservices/