IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 17.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2539 of 2010 & M.P.No.1 of 2010 Mrs.D.Saraswathy ...... Petitioner -Vs- 1)The Chairman Tamil Nadu Electricity Board, Mount Road, Chennai. 2)The Assistant Engineer (O&M) Tagore Nagar, Tamil Nadu Electricity Board – CEDC North, Chennai- 600 038. ...... Respondents Prayer: This petition has been filed seeking for a writ of Mandamus to direct the second respondent to provide separate service connection for the demised property situate at No.7, Guji Main Road, Anna Nagar East, Chennai- 600 102 at the costs and expenses of the petitioner. For Petitioner : M/s.Shivakumar & Suresh 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. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the respondents had submitted that the reason for not considering the request of the petitioner, for the grant of electricity service connection, to his premises, at No.7, Guji Main Road, Anna Nagar East, Chennai- 600 https://hcservices.ecourts.gov.in/hcservices/ 102, is that, a civil suit is pending between the petitioner and his neighbour, in O.S.No.8222 of 1993, before the VI Assistant Judge City Civil Court, Chennai. 3.The learned counsel appearing on behalf of the respondents had further submitted that, even though a decree, dated, 17.04.2000, had been passed by the VI Assistant Judge City Civil Court, Chennai, an Appeal had been preferred before the II Additional Judge, City Civil Court, Chennai, in A.S.No.165 of 2001. 4.The learned counsel appearing on behalf of the petitioner had further submitted that an Appeal suit, in A.S.No.165 of 2001, which was pending before the II Additional Judge, City Civil Court, had also been disposed of, by a Judgement and Decree, dated 03.06.2003, in favour of the petitioner and no further Appeal had been preferred against the said Judgment and Decree. Therefore, the stand taken by the Tamil Nadu Electricity Board, that certain civil proceedings were pending between the petitioner and his neighbour, cannot be sustainable in the eye of law. 5. In view of the submissions made by the learned counsel for the petitioner, as well as the learned counsel for the respondents, and on a perusal of the records available, this Court finds it appropriate to permit the petitioner to make an application, to the second respondent, for the grant of electricity service connection to his premises, at No.7, Guji Main Road, Anna Nagar East, Chennai, within a period of ten days from today, and on such application being submitted, the second respondent is directed to consider the same and pass orders thereon, for the grant of electricity service connection to the petitioner, as prayed for by him, within a period of four weeks thereafter. The writ petition is disposed of accordingly. No costs. Consequently, connected M.P is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To 1)The Chairman Tamil Nadu Electricity Board, Mount Road, Chennai. 2)The Assistant Engineer (O&M) Tagore Nagar, Tamil Nadu Electricity Board – CEDC North, Chennai- 600 038. +1cc to Mr.A.Selvendran, Advocate Sr 11169 +1cc to M/s. Shivakumar & Suresh Advocate Sr 10550 GS(CO) km/23.2. Writ Petition No.2539 of 2010 https://hcservices.ecourts.gov.in/hcservices/