Disposed

R.Vinu Priyanga v. the Chairman

Madras HC22 Jul 2024WP/19721/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner alleged irregularities, fraud, and unauthorized construction by the fourth respondent regarding an electricity connection. The High Court directed the fourth respondent to hear all parties and dispose of the representation within four weeks, ignoring the partial reply filed.

What did the court decide?

Directed R4 to hear parties and dispose of the representation within four weeks in a speaking order.

R.Vinu Priyanga Vs the Chairman — Writ and Judicial Review | Madras HC (2024)

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2024:MHC:2774

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W.P.No.19721 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 22.07.2024

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

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W.P.No.19721 of 2024

Vinu Priyanga.R

... Petitioner

1.The Chairman, TANGEDCO Chennai EDC, North, 5A Block, 144 Anna Salai, Chennai – 600 002.

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2.The Chief Engineer, TANGEDCO Chennai EDC, North, 5A Block, 144 Anna Salai, Chennai – 600 002.

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3.Administrative Engineer TANGEDCO,

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Cooks Road, Chennai – 600 012.

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4.The Assistant Engineer, TANGEDCO,

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Cooks Road, Chennai – 600 012.

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5.J.M.Ahmed Sirjauddin

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.... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4^th respondent to consider the representation dated 10.06.2024.

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https://www.mhc.tn.gov.in/judis

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Pg.No.1/6

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W.P.No.19721 of 2024

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For Petitioner : Mr.R.Ravindra Ram For Respondents : Ms.Sindhuza (R1 to R4) for Mr.L.Jai Venkatesh

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O R D E R

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Ms.Sindhuza, learned counsel on behalf of Mr.L.Jai Venkatesh, learned counsel accepts notice for R1 to R4, being officials of Tangedco and is armed with necessary instructions to enable a final disposal of this Writ Petition, even at the stage of admission. No notice has been issued to R5 at this juncture as his interests are duly protected by appropriate directions issued in conclusion of this order.

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The petitioner states that she had purchased a flat in an apartment at Plot No.24, (Old Door No.38) New Door No.10, Jamalia Nagar Link Road, Jamalia Nagar, Perambur, Chennai – 600 012 in R.S.No.262/1, and 263 (part) & 263/15, T.S.No.262/44 & 263/52, Ward – 1, Block No.16, Perambur Village, Perambur Taluk ('property'/'property in question').

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The construction, according to her, has been carried out by R5. He is authorized to construct only 11 dwelling units, whereas he has gone ahead to construct additional dwelling units with other deviations. She also claims that there are several irregularities in the manner in which electricity connections have been obtained. According to her, there has been no electricity transformer

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https://www.mhc.tn.gov.in/judis Pg.No.2/6

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W.P.No.19721 of 2024

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in the premises on account of which the residents are suffering low voltage and

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frequent power cuts.

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On 10.06.2024, the petitioner has given a representation to the official respondents to take necessary action as against R5 detailing the irregularities committed including the submission of a forged and fabricated plan of the CMDA. She states that no action has been taken thus far. Hence this Writ Petition seeking mandamus as against R4 to consider her representation and pass orders.

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The representation is dated 10.06.2024 and this Writ Petition has been instituted on 26.06.2024. When the matter is called, learned panel counsel for Tangedco circulates a copy of letter No.AE/O&M/CooksRoad/F.Pentition/ D.No.129/24-25/dated 18.07.2024, reading thus:

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With reference to the above I hereby furnish the details about the New Service effected at D.No.10, Jamaliya link road, Jamalia nagar, Chennai.

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In Cooks road section 11 New domestic service connections applications registered for the apartment at D.No.10, Jamaliya link road, Jamalia nagar Chennai. As per rules in force more than 3 dwelling units, completion certificate must be furnished by the applicant. Plan copy and Completion Certificate and Documents copy obtained from the Applicant.

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As per plan build up area is 866 sqmt only. Hence Distribution Transformer not provided inside the Premises. As per plan 11 dwelling units only available. There for 11 New domestic service connections and one common ID service were effected.

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https://www.mhc.tn.gov.in/judis

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Pg.No.3/6

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W.P.No.19721 of 2024

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Based on the documents furnished by the Applicants service connections were effected.

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This is for your kind information please.

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Sd/-

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Assistant Engineer Cooks Road, CEDC/Central.

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According to the panel counsel, the aforesaid letter dated 18.07.2024

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has been sent to the petitioner on 20.07.2024, evidently to meet the Writ Petition of which advance notice would have been received by the authorities. The disposal of the representation is wholly unsatisfactory insofar as the detailed allegations that has been set out therein in regard to the alleged fradulent activities committed by R5 for obtaining electricity connections, including alleged forging of the CMDA approval, have not been met as well. Neither the specific allegation that the EB authorities have been seeking bribes which has been communicated by R5 to the petitioner by way of a Whatsapp message, extracted in the representation itself.

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In such circumstances, letter No.AE/O&M/CooksRoad/ F.Pentition/D.No.129/24-25/dated 18.07.2024 is liable to be ignored as being bereft of any merit whatsoever. R4 will hear the petitioner, R5 and any others deemed necessary for the adjudication of the matter and dispose the representation of the petitioner dated 10.06.2024 within a period of four (4) weeks from date of receipt of a copy of this order, in accordance with law. The

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https://www.mhc.tn.gov.in/judis Pg.No.4/6

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W.P.No.19721 of 2024

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authorities are expected to devote their attention to the allegations that have been made in the representation while examining the same in line with the

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relevant Rules and Regulations and pass a speaking order.

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This Writ Petition is disposed in the aforesaid terms. No costs.

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22.07.2024

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Index : Yes / No Speaking order Neutral citations:Yes sl To

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1.The Chairman, TANGEDCO Chennai EDC, North, 5A Block, 144 Anna Salai, Chennai – 600 002.

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2.The Chief Engineer, TANGEDCO Chennai EDC, North, 5A Block, 144 Anna Salai, Chennai – 600 002.

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3.Administrative Engineer TANGEDCO, Cooks Road, Chennai – 600 012.

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4.The Assistant Engineer, TANGEDCO, Cooks Road, Chennai – 600 012.

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https://www.mhc.tn.gov.in/judis

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Pg.No.5/6

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W.P.No.19721 of 2024

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Dr.ANITA SUMANTH,J.

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W.P.No.19721 of 2024

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22.07.2024

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https://www.mhc.tn.gov.in/judis

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Pg.No.6/6

R.Vinu Priyanga v. the Chairman

Case brief

What is this about?

What did the court decide?

R.Vinu Priyanga v. the Chairman

Case brief

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