P. Eswar v. Tamil Nadu Electricity Board Rep. By Executive Engineer (O&M), Adayar, Chennai & Another
2010-02-24
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment : 1. This writ petition has been filed praying for a Writ of Mandamus to direct the respondents to provide three phase electricity service connection for the dwelling units of the petitioner, situate at Plot No.139, S.No.114, Kandaswamy Nagar, 2nd Street, Palavakkam, Chennai, in terms of Rule 27 of the Tamil Nadu Electricity Distribution Code, 2004. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the only reason shown by the respondent Tamil Nadu Electricity Board, for not considering the request of the petitioner, for providing the three phase electricity service connection to the petitioners premises, is that a civil suit is pending on the file of the District Munsif Court, Alandur, in O.S.No.402 of 2008. 3. The learned counsel for the petitioner had also submitted that a stranger, who has nothing to do with the property in question, had filed a suit, in O.S.No.402 of 2008, on the file of the District Munsif Court, Alandur, for a bare injunction. Further, no interim order has been passed by the District Munsif Court, Alandur, in the said suit. In such circumstances, the respondent Tamil Nadu Electricity Board cannot refuse to consider the request of the petitioner for providing three phase electricity service connection to the petitioners premises, in Plot No.139, S.No.114, Kandaswamy Nagar 2nd Street, Palavakkam, Chennai, under Rule 27 of the Tamil Nadu Electricity Distribution Code, 2004. 4. The learned counsel appearing on behalf of the respondent Tamil Nadu Electricity Board had submitted that if there is no interim order passed by the District Munsif Court, Alandur, in O.S.No.402 of 2008, there would not be any impediment for the respondent Tamil Nadu Electricity Board to grant the electricity service connection to the petitioners premises, as requested by the petitioner. 5. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the respondents are directed to grant electricity service connection to the petitioners premises, as requested by him, within a period of four weeks, from the date of receipt of a copy of this order, under Rule 27 of the Tamil Nadu Electricity Distribution Code, 2004, on payment of the necessary charges and on his complying with the requirements, as per law. The writ petition is disposed of with the above directions. No costs.
The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.