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Madras High CourtWP(MD)/10379/2022allowed

M/S Mufra Steels And Alloys v. The Chairman Cum Managing Director

2022-05-25Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.7383 of 2022 M/s.Mufra Steels & Alloys, Represented by its Managing Partner, Ramshad R.M, Having Office at, No.21, ASK Complex, Easanatham Road, AndipattiKottai(PO), Aravakurichi Taluk, Karur District-639 207.

.. Petitioner Vs 1.The Chairman cum Managing Director.

Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Karur Electricity Distribution Circle, TANGEDCO Limited, Karur.

3.The Authorized Officer, Tamil Nadu Mercantile Bank Limited, No.43, Kovai Road, Padma Tower 1st Floor, Karur, Tamil Nadu-639 002.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to transfer the existing service connection bearing connection number HT.SC.No.069094430104 of property in S.F.No.468/2 situated in Thethupatti Village, Aravakuruchi Taluk, Karur District measuring to an extent of 7.03 acres in the name of Mufra Steels and Alloys' in the event of payment of electricity dues by considering the representation of the petitioner dated 11.05.2022. For Petitioner : Mr.V.Kathirvelu (Senior Counsel) for M/S.C.R.M.Prabhu For R1 and R2 : Mr.S.Deenadhayalan For R3 : Mr.N.Dilipkumar 1/3

ORDER

The present Writ Petition has been filed seeking a writ of mandamus directing the second respondent to transfer the existing service connection in the name of the writ petitioner.

2. According to the writ petitioner, he is a successful bidder in the SARFAESI proceedings and hence, it is not possible for him to get "No Objection Certificate" from the erstwhile owner of the premises.

3. Heard the learned Senior Counsel appearing for the petitioner as well as the learned standing counsel appearing for the respondents 1 and 2.

4. The petitioner being a successful bidder in the SARFAESI proceedings, the respondents could not be expected to get "No Objection Certificate" from the erstwhile owner of the premises in question.

5. Hence, the Writ Petition is allowed, directing the respondents 1 and 2 to effect a fresh service connection in the name of the writ petitioner, after payment of electricity dues, within a period two weeks from the date of receipt of his fresh application. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) vsg/trp To 1.The Chairman cum Managing Director.

Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Karur Electricity Distribution Circle, TANGEDCO Limited, Karur.

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+1 CC to M/s.N. DILIPKUMAR, Advocate ( SR-24140[F] dated 26/05/2022 ) +1 CC to M/s.PRABHU, Advocate ( SR-24158[F] dated 26/05/2022 ) +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-24160[F] dated 26/05/2022 ) and W.M.P.(MD)No.7383 of 2022 25.05.2022 RK(02/06/2022) 3P 6C 3/3