Meher Nigar v. Cesc Limited And ANR

12.05.2022 TN WPA No. 7050 of 2022 Meher Nigar Vs.

CESC Limited and another Mr. Bidyut Halder, Mr. Indranil Halder .... for the petitioner Ms. Sreemoyee Mitra .... for the CESC Limited Learned counsel for the petitioner contends that the petitioner applied for a new electricity connection in the name of her minor son. It is submitted that the CESC Limited has refused to give such connection. Learned counsel appearing for the respondents submits that the difficulty in the way of giving a new electricity connection in the name of the minor son of the petitioner is that two annexures are to be appended to the appropriate form for taking new electricity connection, one of which contemplates entering into a contract. Since a minor is not competent under the Indian Contract Act to do so, it would create unnecessary hurdles in the event the

petitioner applies in the name of her minor son instead of herself.

At this juncture, learned counsel for the petitioner submits that the petitioner has no objection to apply in her own name.

Hence, WPA No. 7050 of 2022 is disposed of by granting the petitioner liberty to apply for a new electricity connection in her own name at the premises. If so applied, the CESC Limited shall consider the same without being influenced in any manner by the previous refusal of the CESC Limited on the ground of minority of the petitioner's son and without being unnecessarily influenced by any of the observations made herein. Subject to compliance of all formalities by the petitioner thereafter, the CESC Limited shall give such connection to the petitioner within ten days from the date of compliance of formalities.

It is made clear that prior to giving such connection and raising a quotation for the said purpose, it will be open to the CESC personnel to hold an inspection to explore the feasibility of such connection. If so done, the petitioner shall cooperate with the CESC personnel in taking such inspection. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)