IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1948 of 2010 and M.P.Nos.1 and 2 of 2010 Mr.K.Jayavel .. Petitioner. Versus 1.The Chief Executive Engineer, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 2.The Assistant Engineer, K.K.Nagar (West), Tamil Nadu Electricity Board, Chennai-600 078. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorari, to call for the records relating to the impugned order, dated 17.12.2009, issued by the second respondent in Ka.No.Uu.Po/E.O.Pa/Ka.Ka.Nagar West/Ko.New Service/Pa.No.345/09 (f/vz;/c/bgh-,xg-f/f/efh;-nkw;F-nfh/g[jpa ,izg;g[-g/vz;/345-09 )and quash the same and consequently direct the respondents to give electricity service connection to the petitioners house at No.33/15A, Mariamman Koil Street, K.K.Nagar (West) Chennai 78, by receiving necessary charges. For Petitioner : Mr.V.Umashankari For Respondents : Mr.A.Selvendran O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. Though the prayer sought for by the petitioner, in the present writ petition, is for a larger relief, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the second respondent is directed to consider the representation of the petitioner, dated 17.12.2009, and grant electricity service connection, as requested therein, without insisting on the `No Objection Certificate’ from the co-owners, if the petitioner is found to be in separate possession of the property in question.
3. The learned counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court.
4. In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to consider the representation of the petitioner, dated 17.12.2009, requesting for the grant of electricity service connection, without insisting on the `No Objection Certificate’ from the co-owners, if the petitioner is found to be in separate possession of the property in question, within a period of four weeks from the date of receipt of a copy of this order.
5. The petitioner is directed to furnish to the respondent a copy of the representation, dated 17.12.2009, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
Accordingly, the writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
Index:Yes/No 16-02-2010
Internet:Yes/No
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Note to office:
Issue on 18-2-2010
Issue on 18-2-2010
M.JAICHANDREN,J.
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To
1.The Chief Executive Engineer,
Tamil Nadu Electricity Board,
No.800, Anna Salai,
Chennai-600 002.
2.The Assistant Engineer,
K.K.Nagar (West),
Tamil Nadu Electricity Board,
Chennai-600 078.
Writ Petition No.1948 of 2010
and M.P.Nos.1 and 2 of 2010
16-02-2010