Madras High CourtWP(MD)/7573/2018disposed of

M.Poomanidass S/O Mannickam, v. The Executive Engineer,

2018-04-23Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7573 of 2018 M.Poomanidass ... Petitioner vs.

The Executive Engineer, Pakirmanam, TNEB, Nagercoil 629 001 Kanyakumari District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to grant EB connection to the House building for House No.4/32D in survey No.477/2 Shenbagharamanpudur village Kannanpudur Thovalai Taluk, Kanyakumari District. For Petitioner : Mr.P.Bhaskar For Respondent : Ms.S.Srimathy, Standing Counsel.

O R D E R

The limited prayer sought for in this writ petition is for the grant of EB connection to the House building, for which the petitioner's request has been kept pending, since, the petitioner has not produced the consent letter from the co-owner of the subject property at 5/22, Chidhambaram Street, Shenbagharamanpudur village Kannanpudur Thovalai Taluk, Kanyakumari District.

2. Regulations 27 Clause 4 of the Tamil Nadu Electricity Distribution Code mandates that, when an intending consumer, produces proof of his lawful occupation together with an identity bond in Form 6 of Annexure III of the Code, the respondent is bound to effect the service connection. In view of the same, the respondent may not be justified in insisting for a consent letter from the other co-owner.

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3. Hence, the petitioner is granted liberty to make a fresh application along with necessary enclosures as contemplated under

Regulation 27(4) of the Tamil Nadu Electricity Distribution Code and on receipt of the same, the respondent shall effect the service connection within a period of two weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Executive Engineer, Pakirmanam, TNEB, Nagercoil 629 001 Kanyakumari District.

+ 1 cc TO Mr.P.Bhaskar , Advocate in SR No. 63410 sts AE/SV MMS/SAR4/28.04.2018/2P/3C Order in W.P.(MD) No.7573 of 2018 23.04.2018 https://hcservices.ecourts.gov.in/hcservices/