D.

Shakira Banu vs The Executive Engineer (O&Amp;M) on 12 July, 2013

Madras High Court Madras High Court D.Shakira Banu vs The Executive Engineer (O&Amp;M) on 12 July, 2013 DATED : 12.07.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.19012 of 2013 1. D.Shakira Banu 2. I.Faiz Ahmed .. Petitioners Vs. 1. The Executive Engineer (O&M) Tamil Nadu Electricity Board Perambur Paper Mills Road, Chennai 11 2. The Asst.Engineer (O&M) Tamil Nadu Electricity Board Perambur Paper Mills Road, Chennai 11 .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to issue E.B. connection in favour of the petitioners for their 6 New TNEB application dated 8.8.2012 without insisting the Completion Certificate. For Petitioner : Mr.J.Milton Arul Rajendran For Respondents : Mr.G.Vasudevan ORDER With the consent of both parties, the Writ Petition itself is taken up for final disposal, as the matter lies in narrow compass. 2. Heard both sides. 3. The petitioner has put up construction, after getting approval from CMDA vide No.PPA No.6010/2007 and B.A.No.6181/2007 dated 28.11.2007 for construction of building. According to the petitioner, the construction is over. The petitioner applied for electricity service connection. When there was no order passed by the respondents, the petitioner filed W.P.No.13403 of 2013 seeking for a direction to consider the
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D.Shakira Banu vs The Executive Engineer (O&Amp;M) on 12 July, 2013

representation by the respondents for electricity service connection and to pass orders thereon. This Court passed an order dated 15.5.2013 in W.P.No.13403 of 2013 directing the respondents to pass orders on the representation. 4. Accordingly, the second respondent passed an order dated 27.6.2013 directing the petitioner to get completion certificate from CMDA for giving electricity service connection, since the building that was put up by the petitioner comes under "Special building". Now the petitioner has filed this Writ Petition seeking for a direction to the respondents to give electricity service connection. 5. The petitioner has not chosen to question the order dated 27.6.2013 of the second respondent directing the petitioner to get completion certificate from CMDA. CMDA is not shown as a party to the Writ Petition. When the second respondent has categorically stated that the petitioner shall get completion certificate from CMDA, the petitioner should have obtained completion certificate and thereafter should approach the second respondent for electricity service connection. 6. A Division Bench of this Court in a judgment rendered in Consumer Action Group vs. State of Tamil Nadu reported in 2006 (4) CTC 483 has held that without getting completion certificate from CMDA, the "Special Building" cannot be provided with electricity service connection. 7. For all these reasons, the Writ Petition fails and the same is dismissed. No costs. 12.07.2013 Index:Yes Internet:Yes ajr D.HARIPARANTHAMAN, J. ajr To 1. The Executive Engineer (O&M) Tamil Nadu Electricity Board Perambur Paper Mills Road, Chennai 11 2. The Asst.Engineer (O&M) Tamil Nadu Electricity Board Perambur Paper Mills Road, Chennai 11 W.P.No.19012 of 2013

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