Parrys Designer vs the Superintending Engineer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1834551
CourtChennai High Court
Decided OnJun-19-2025
Case NumberWP/9385/2025
JudgeHonourable Mr Justice N. Anand Venkatesh
AppellantParrys Designer
RespondentThe Superintending Engineer
Excerpt:
in the high court of judicature at madrasdated: 19.06.2025coram :the hon'ble mr.justice n.anand venkatesh parrys designer represented by mr.n.pannerselvam having office at new no.4 (old no.60), kuppu arcade pinjala subramaniyam street t.nagar, chennai 600 017 .. petitioner vs1. the superintending engineer m.g.r.salai, 110 kv, 33kv, 11kv valluvarkottam ss campus nungambakkam chennai 600 0342. the assistant engineer no.41, thanikachalam road t.nagar, chennai 600 0173. the managing director chennai metro rail limited nandanam, chennai 600 035(r3 suo motu impleaded vide orderdated 23.04.2025 in wp.9385/2025) .. respondentspetition filed under article 226 of the constitution of india, praying for issuance of a writ of mandamus, directing the 2nd respondent to provide fresh electric service connection for the premises at new no.4 (old no.60), kuppu arcade, pinjala subramaniyam street, t.nagar, chennai 600 017 situated in the ground floor to an extent of about 100 feet within a stipulated time as prescribed by this hon'ble court by considering the representation dated 27.02.2025.for petitioner :: mr.c.ramaraj for respondents :: mr.l.jai venkatesh standing counsel for r1 & r2 mr.b.vijay standing counsel for r3orderthis writ petition has been filed for issuance of a mandamus directing the second respondent to provide electricity service connection for the subject property by considering the representation made by the petitioner on 27.02.2025.2. it was alleged that the electricity service connection wasdisconnected on the ground that the subject property is going to be acquired by chennai metro rail limited. hence this court impleaded the third respondent and directed the learned standing counsel to take instructions.3. when the matter was taken up for hearing today, writteninstructions from chennai metro rail limited was placed before this court and on careful perusal of the same, it reveals that the subject property does not come within the purview of the acquisition by chennai metro rail limited to proceed with their project. thus the reasoning that the service connection is disconnected in view of the acquisition by chennai metro rail limited, has been falsified.4. the petitioner has sought for service connection in their name.admittedly, the petitioner is only a tenant in the subject property and the service connection stands in the name of the owner. therefore, if the tenancy subsists, it is left open to the second respondent to deal with the representation made by the petitioner on 27.02.2025 and restore the service connection, subject to the condition that necessary charges are paid and the arrears, if any, are also paid. this shall be done within a period of two weeks from the date of receipt of a copy of this order.5. this writ petition is disposed of with the above direction. consequently, w.m.p.no.10544 of 2025 is closed. no costs. index : yes/no 19.06.2025 neutral citation : yes/no ss to1. the superintending engineer m.g.r.salai, 110 kv, 33kv, 11kv valluvarkottam ss campus nungambakkam chennai 600 0342. the assistant engineer no.41, thanikachalam road t.nagar, chennai 600 0173. the managing director chennai metro rail limited nandanam, chennai 600 035n.anand venkatesh,j.ss 19.06.2025
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Parrys Designer represented by Mr.N.Pannerselvam Having office at New No.4 (Old No.60), Kuppu Arcade Pinjala Subramaniyam Street T.Nagar, Chennai 600 017 .. Petitioner vs

1. The Superintending Engineer M.G.R.Salai, 110 KV, 33KV, 11KV Valluvarkottam SS Campus Nungambakkam Chennai 600 034

2. The Assistant Engineer No.41, Thanikachalam Road T.Nagar, Chennai 600 017

3. The Managing Director Chennai Metro Rail Limited Nandanam, Chennai 600 035

(R3 suo motu impleaded vide order

dated 23.04.2025 in WP.9385/2025) .. Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to provide fresh electric service connection for the premises at New No.4 (Old No.60), Kuppu Arcade, Pinjala Subramaniyam Street, T.Nagar, Chennai 600 017 situated in the ground floor to an extent of about 100 feet within a stipulated time as prescribed by this Hon'ble Court by considering the representation dated 27.02.2025.

For Petitioner :: Mr.C.Ramaraj For Respondents :: Mr.L.Jai Venkatesh Standing Counsel for R1 & R2 Mr.B.Vijay Standing Counsel for R3

ORDER

This writ petition has been filed for issuance of a mandamus directing the second respondent to provide electricity service connection for the subject property by considering the representation made by the petitioner on 27.02.2025.

2. It was alleged that the electricity service connection was

disconnected on the ground that the subject property is going to be acquired by Chennai Metro Rail Limited. Hence this Court impleaded the third respondent and directed the learned standing counsel to take instructions.

3. When the matter was taken up for hearing today, written

instructions from Chennai Metro Rail Limited was placed before this Court and on careful perusal of the same, it reveals that the subject property does not come within the purview of the acquisition by Chennai Metro Rail Limited to proceed with their project. Thus the reasoning that the service connection is disconnected in view of the acquisition by Chennai Metro Rail Limited, has been falsified.

4. The petitioner has sought for service connection in their name.

Admittedly, the petitioner is only a tenant in the subject property and the service connection stands in the name of the owner. Therefore, if the tenancy subsists, it is left open to the second respondent to deal with the representation made by the petitioner on 27.02.2025 and restore the service connection, subject to the condition that necessary charges are paid and the arrears, if any, are also paid. This shall be done within a period of two weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of with the above direction. Consequently, W.M.P.No.10544 of 2025 is closed. No costs. Index : yes/no 19.06.2025 Neutral citation : yes/no ss To

1. The Superintending Engineer M.G.R.Salai, 110 KV, 33KV, 11KV Valluvarkottam SS Campus Nungambakkam Chennai 600 034

2. The Assistant Engineer No.41, Thanikachalam Road T.Nagar, Chennai 600 017

3. The Managing Director Chennai Metro Rail Limited Nandanam, Chennai 600 035

N.ANAND VENKATESH,J.

ss 19.06.2025