MAHALINGAM AND ORS. Vs. THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD CHENNAI ELECTRICITY DISTRIBUTION CIRCLE (CENTRE) VALLUVAR KOTTAM HIGH ROAD NUNGAMBAKKAM CHENNAI-34,

JUDGEMENT

(1.) THE petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus directing the respondents 1 and 2 to give domestic electricity service connection to the petitioners' premises. The pleaded case of the petitioners is, that the petitioners are residing in the premises for the past 50 years, as lawful occupiers of the premises. The Special Deputy Collector for L.A. Work of Madras City vide order dated 19.9.1978 held that the petitioners ancestors and similarly placed persons as the owners/ tenants of Raj Pilliai Thottam, which was declared as 'Slum' by the Slum Clearance Board.

(2.) THE petitioners claimed that they applied for electricity service connection to the second respondent on 20.6.2010 along with proof of residence namely Identity Card/ Ration Card. A notice was also sent to the second respondent along with application form with proof of Ration Card, Voter ID. The petitioners also under took to file Indemnity Bond. The claim of the petitioners is that no reply has been received from the second respondent.

(3.) ON 29.11.2010, the petitioners filed representation with the first respondent as well as to the Chairman, Tamil Nadu Electricity Board, claiming electricity connection being the occupier of the premises after filing necessary proof of occupation. As per Section 43 of the Electricity Act, 2003, it is mandatory duty of the Electricity Board to supply electricity within a period of one month on receipt of application by the owner or occupier of the premises.