The petitioners sought a writ of mandamus directing the electricity board to grant power connection without requiring a No Objection Certificate from the Third Respondent, the Wakf Board, as they alleged possession.
Dismissal of Writ Petitions without costs; no direction to grant power connection without NOC.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.Nos.18263 and 24902 of 2015
I.Ali Mohammed Yunus ...Petitioner in W.P.No.18263 of 2015
S.Shan Basha ...Petitioner in W.P.No.29402 of 2015
Vs
1. The Assistant Executive Engineer,
Tamilnadu Electricity Board (O&M)
Managadu Division, Se.Mi.Pa Taluk
South/ TNEB Mangadu, Chennai-112
2. The Tamilnadu Electricity Board,
rep. By its Chairman,
Annasalai, Chennai – 2
3. The Tamilnadu Wakf Board,
rep. By the Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai - 1 ...Respondents in both the petitions
Prayer : Writ Petitions have been filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the
1 st respondent to grant power connection to the petitioners
property at Nos.495 and 106, Syed Sadiq Nagar, Mangadu, Chennai
– 122 respectively without insisting upon NOC by the Wakf Board.
For Petitioners :Mr.N.A.Nissar Ahmed For Respondents :Mr.S.K.Rameshwar for R1 and R2 Mr.V.Lakshminarayanan for R3 C O M M O N O R D E R
Heard Mr.N.A.Nissar Ahmed, learned counsel appearing for the petitioners and Mr.S.K.Rameshwar, learned counsel appearing for the 1st and 2nd respondents and Mr.V.Lakshminarayanan, learned counsel for the 3rd respondent. With the consent of either side
the Writ Petitions themselves are taken up for final disposal at the admission stage.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
3.The Chief Executive Officer, The Tamilnadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 1.
+1cc to M/S.N.A.Nissar Ahmed, Advocate, S.R.No.14898
+1cc to M/S.V.Raghavachari, Advocate, S.R.No.14882
W.P.Nos.18263 and 24902 of 2015
rsk(CO) srg(21/03/2016)
2 issues framed by the court
Whether the High Court can direct the electricity board to grant power connection without obtaining No Objection Certificate from the Wakf Board.
Whether the petitioner must prove lawful possession of the land to be directed for electricity connection.
1 provisions across 1 enactments
I.Ali Mohammed Yunus
S.Shan Basha
The Assistant Executive Engineer, Tamilnadu Electricity Board
The Tamilnadu Electricity Board
The Tamilnadu Wakf Board
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
