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Madras High CourtWA/1243/2021allowed

Tamil Nadu Electricity Board v. K.S.Subbiah

2024-07-12Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2024

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Tamil Nadu Electricity Board Rep. by its Chairman No.800, Anna Salai, Chennai - 600 002.

2. The Chief Engineer Tamil Nadu Electricity Board 800, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer Tamil Nadu Electricity Board 110 K.V. S.S. Complex, K.K. Nagar Chennai.

4. The Assistant Divisional Engineer (O&M) Tamil Nadu Electricity Board Vanagaram, Chennai - 95.

..

Appellants Vs.

1. K.S.Subbiah

2. S.Subbulakshmi

3. Chennai Metropolitan Development Authority Rep. by its Member Secretary No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.

..

Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated04.07.2014 in W.P.No.8799 of 2014. For the Appellants :

Mr.L.Jaivenkatesh Standing Counsel For the Respondents :

No Appearance for R1 and R2 Mrs.Veena Suresh Standing Counsel for R3

JUDGMENT

(Delivered by the Hon'ble Mr. Justice S.M.SUBRAMANIAM) The writ appeal has been instituted challenging the writ order dated 04.07.2014 in W.P.No.8799 of 2012.

2. The issue in short to be considered is whether the Building Completion Certificate is required for the purpose of providing electricity connection to an industrial building.

3. The issue is no more res integra, since the production of Building Completion Certificate is essential for the purpose of obtaining electricity connection from the TANGEDCO.

4. The learned Single Judge proceeded on the basis that the Building Completion Certificate became unnecessary. Such a proposition is running counter to the principles settled.

5. In view of the above facts, we are inclined to interfere and consequently, the order dated 04.07.2014 in W.P.No.8799 of 2012 is set aside and the writ appeal stands allowed. There shall be no order as to costs. Consequently, C.M.P.No.7984 of 2021 is closed. (S.M.S., J.) (C.K., J.) 12.07.2024 Index : Yes/No drm To:

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

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

(drm) 12.07.2024