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Calcutta High CourtWPA/12809/2021disposed

Nilima Podder v. Cesc Ltd. And ORS.

2021-08-31Hon'Ble Justice Shivakant Prasad3 pages

9.

31.08.2021 S.D.

W.P.A. 12809 of 2021 Nilima Podder Vs.

C.E.S.C. Limited & Ors.

Mr. Sailendranath Chakraborti Mr. Gourab Mukhopadhyay Mr. Anshunath Chakraborty ....For the Petitioner.

Mr. Manas Kumar Kundu Mr. Debabrata Mondal ...For the State.

Mr. Somenath Bose ...for the C.E.S.C. Ltd.

Despite receipt of service the respondent no.4, none has appeared, however, the respondent nos. 1, 2 and 3 have entered appearance through their respective learned advocates. In this writ application, the petitioner Nilima Podder has sought for an appropriate direction upon the respondent nos. 1 and 2 to immediately provide to the petitioner separate electric meter and electric connection with respect to her portion of the tenanted premises of the petitioner situated at 13/3, Dr. Debendra Mukherjee Row, Kolkata - 700009.

Admittedly, the abovementioned premises belongs to the respondent no. 4 wherein the petitioner is in occupation of one shop room at the

ground floor at a monthly rental of Rs.300/- per month. The petitioner submits that monthly rent is regularly being paid in favour of the respondent no. 4 without any delay, but the respondent no. 4 suddenly had stopped receiving the rent with ill intention. So the dispute cropped up and has stopped supply of electricity to the shop room, which compelled the petitioner to apply for a new electricity meter. But the meter room has been kept under lock and key by the respondent no. 4. It is pointed out on behalf of the C.E.S.C., respondent nos. 1 and 2 herein that formalities of inspection could not be completed for installation of the new meter since the meter room is under padlock by the respondent no. 4. The petitioner has sought for an appropriate order directing the respondent no. 3 for assistance in the matter for setting up a new electricity connection.

I have heard Mr. Manas Kumar Kundu, learned Advocate appearing on behalf of the respondent no. 3 who has no objection in rendering assistance presided requisition is made to the respondent no. 3 and thereby, necessary police assistance can be rendered.

In view of the contention, application is disposed of with the direction above and having regard to the prayer, upon the respondent no. 4 to open the padlock to facilitate inspection by the C.E.S.C. Authority. In the event, the respondent no. 4 fails to

open the padlock or unlock the meter room, the C.E.S.C. Authority with the assistance of the local police station shall install a new meter in favour of the petitioner after fulfilling all legal formalities.

The whole exercise be carried out within a period of six weeks. Needless to mention that all the expenses are required to be borne by the petitioner.

With the above direction, the writ application being W.P.A. 12809 of 2021 is disposed of without any order as to costs. (Shivakant Prasad, J.)