IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 17.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2566 of 2010 & M.P.No.1 and 2 of 2010 Kanniammal ...... Petitioner -Vs- 1.The Assistant Executive Engineer, Chennai Electricity Distribution Circle/Central Tamilnadu Electricity Board, No.53, E.V.K.Sampath Salai, Vepery, Chennai- 600 007. 2.Thulukkanam 3.Manivelu 4.Kanniammal 5.Kannagi 6.Easwaran ...... Respondents Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in Letter No.U.Se.Po./E.Pa/Vep/Ko.Thani/A.No.37/10 dated 27.01.2010 and quash the same and direct the first respondent to grant electricity connection to the premises at No.55, B-Block, Dr.Santhosh Nagar, Egmore, Chennai- 600 008. For Petitioner : Mr.P.Mohanraj For Respondents : Mr.A.Selvendran(R1) O R D E R This Writ Petition has been filed challenging the order dated, 27.01.2010, passed by the first respondent, stating that the request of the petitioner, for the grant of electricity service connection, https://hcservices.ecourts.gov.in/hcservices/ cannot be entertained, due to the pendency of an Appeal in A.S.No.3923 of 2010, pending before the concerned Court. 2.The petitioner has stated that he had applied for the electricity service connection, before the first respondent, on 28.10.2009, along with the necessary charges. He had also submitted all the required documents, necessary for the respondents to process the application and to grant service connection to the petitioner's premises, at No.55, B-Block, Dr.Santhosh Nagar, Egmore, Chennai- 600 008. 3.It has also been stated that the petitioner had filed a suit, in O.S.No.4638 of 2004, on the file of the III Assistant Judge, City Civil Court, Chennai, against the respondents 2 to 6, praying for a decree of recovery of possession of the portion, in which the petitioner is residing. The said suit had been decreed, in favour of the petitioner, on 06.06.2008. Challenging the said judgement and Decree of the III Assistant Judge, City Civil Court, Chennai , respondents 2 to 6 had preferred an Appeal. However, the Appeal suit had not been numbered. The first respondent had only quoted the Appeal SR.No.3923 of 2010. 4.In such circumstances, it is not open to the first respondent to refuse to entertain the application submitted by the petitioner for electricity service connection to his residential premises at No.55, B-Block, Dr.Santhosh Nagar, Egmore, Chennai- 600 008. 5.The learned counsel appearing on behalf of the first respondent had submitted that if there are no legal impediments, as stated by the petitioner, the first respondent would give electricity service connection to the petitioner, as prayed for by him, subject to the petitioner paying the necessary charges for the grant of such electricity service connection. 6. In view of the averments made on behalf of the petitioner and the first respondent, this Court is of the considered view, that it would be appropriate to direct the first respondent, to grant electricity service connection to the petitioner, as prayed for by him, if there are no legal or other impediments for the grant of such service connection. In such view of the matter, the first respondent is directed to consider the application of the petitioner, bearing service connection reference no.1531006556, dated 28.10.2009, and to grant electricity service connection, as prayed for by him, if there are no legal or other impediments for the grant of such service connection. The first respondent is also directed to complete the process , within four weeks, from the date of receipt of the copy of this order, if the petitioner is entitled to the electricity service connection, as noted above. https://hcservices.ecourts.gov.in/hcservices/ With the above directions, this Writ Petition is disposed of. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr To 1.The Assistant Executive Engineer, Chennai Electricity Distribution Circle/Central Tamilnadu Electricity Board, No.53, E.V.K.Sampath Salai, Vepery, Chennai- 600 007. 1 cc To Mr.A.Selvendran, Advocate, SR.11170 1 cc To Mr.P.Rajendran, Advocate, SR.10662 Writ Petition No.2566 of 2010 rsi(co) pmk.22.2.2010 https://hcservices.ecourts.gov.in/hcservices/