Shambhu Sharma v. The C.E.S.C. Ltd And ORS

15.11.2021 TN WPA No. 10522 of 2021 Shambhu Sharma Vs.

Calcutta Electric Supply Company Limited and others Mr. Bidyut Kr. Halder, Mr. Indranil Halder .... for the petitioner Mr. Debanjan Mukherji .... for the CESC Affidavit-of-service filed in court today be kept on record.

Despite service, none appears on behalf of the respondent-landlord.

The grievance of the petitioner is that, despite having duly complied with all formalities regarding taking a new connection in the petitioner's name at the tenanted premises, no such supply has been given to the petitioner as yet.

Learned counsel appearing for the CESC Limited submits that, despite the best efforts of the CESC, due to the resistance of the private respondentlandlord, such connection could not be given till date.

It is further submitted by learned counsel for the CESC Limited that obstruction is being put up by the landlord and there is a padlock on the entry to the existing meter room.

Upon considering the submissions of the parties and going through the materials on record, it is seen that there cannot be any impediment on the part of the private respondents/landlords, in allowing the CESC Limited to give an electric connection, in accordance with law, at the existing meter board located at the premises-in-question. However, in view of the difficulty being faced by the CESC due to stiff resistance by the private respondents/landlords, WPA No.10522 of 2021 is disposed of by directing the respondent nos.1 to 5 to give electric connection at the existing meter board connection, within November 22, 2021 positively and restraining the private respondents-landlords from putting up any resistance to the same.

In the event the respondent nos.1 to 5 face any obstruction from the private respondents-landlords, respondent nos.1 to 5 are given the liberty to approach the respondent no.6, being the Inspector-inCharge, Dum Dum Police Station for appropriate police assistance in giving such connection, if necessary, by breaking open any padlock and/or lock

which might be affixed to the entrance of the meter room. Respondent no.6 shall provide such assistance as necessary in accordance with the above direction, if so approached by the CESC authorities.

The parties as well as all concerned shall act on the written communication of the learned Advocates for the parties, accompanied by server copies of this order, without insisting upon prior production of a certified copy thereof.

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.)