Punit Shaw v. The Calcutta Electric Supply Corporation Limited And ORS

17.05.2022 TN WPA No.7619 of 2022 Punit Shaw Vs.

The Calcutta Electric Supply Corporation Limited and others Mr. Partha Chakraborty, Ms. Sharmistha China .... for the petitioner Ms. A. Rao .... for the CESC Limited Mr. Partha Pratim Roy, Mr. Ram Chandra Guchhait .... for the State Affidavit-of-service filed in court today be kept on record.

It appears that, despite proper attempt to serve, the private respondents have not received copies of the writ petition and the envelopes sent to them have returned with the endorsement 'not claimed'. Since such attempt tantamounts to good service, the writ petition is taken up for hearing in the absence of the private respondents.

The grievance of the petitioner is that, despite having applied for a new electricity connection at the

premises where the petitioner is carrying on business in the capacity of a tenant, the Calcutta Electric Supply Corporation Limited (for short "the CESC Limited") has not been giving such new connection to the petitioner in view of the resistance put up by the private respondents nos.5 and 6, who are the landlords of the said property.

Learned counsel appearing for the CESC Limited submits that, despite the petitioner having applied and the CESC personnel have attempted to take an inspection in the premises for the purpose of ascertaining the feasibility of giving such connection, due to obstruction created by the private respondent nos.5 and 6 and their men and agents, such inspection could not be carried out.

It is further submitted that the private respondents gave objections on every occasion when the CESC personnel sought to take such inspection; as such, unless police protection is given to the CESC personnel, it will be difficult to take such inspection or give the connection, even if otherwise feasible. In such view of the matter, WPA No.7619 of 2022 is disposed of by directing the CESC Limited to hold an inspection at the tenanted premises of the petitioner, as per the application for new connection made by the petitioner, within a week from date. In

the event it is found that such new connection can be given to the petitioner, subject to compliance of all formalities, the CESC Limited shall give such connection to the petitioner within a fortnight thereafter subject, of course, to the compliance of all necessary formalities by the petitioner.

In the event any obstruction is raised by the private respondents nos.5 and 6 in taking such inspection or at the instance of giving such connection to the petitioner, it will be open to the CESC personnel to approach the respondent no.4, that is, the Officerin-Charge, Kasba Police Station for giving adequate police assistance to the CESC personnel for the purpose of giving such connection and, prior thereto, for taking the inspection. Such police help shall be provided at the cost of the petitioner.

It is made clear that the police personnel will be at liberty to break open any padlock or other hindrance, if put up by the private respondents on way of access of the CESC personnel to the existing meter board position at the said premises, for the limited purpose of the CESC personnel holding such inspection and giving the connection.

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.)