M L MALLIKA Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) HEARD Mr.M.L.Ramesh, learned counsel for the petitioner, Mr.P.Gunaraj, learned counsel for the first respondent and Mr.S.R.Raghunathan, learned counsel for the second respondent.

(2.) THE prayer in the Writ Petition is to issue a Writ of Certiorarified Mandamus, by calling for the records of the first respondent in his proceedings Lr.No.AE/O and M/Rangarajapuram/General/D.No.71/11, dated 26.6.2011, quash the same and consequently direct the first respondent to provide electricity connection to the petitioners in Shop Nos.E and F, at Old No.25, New No.43, Arcot Road, Kodambakkam, Chennai-24.

(3.) WHILE so, when the petitioners are in occupation of the premises in question, at the instance of the second respondent, the first respondent disconnected the electricity supply to the petitioners' shops on 11.11.2010 and the main control box of the electricity connection is with the second respondent. The second respondent had cut the connection to the shops of both the petitioners. Because of the disconnection of the electricity connection, the petitioners had been put to irreparable loss and hardship. Though the petitioners requested the second respondent to restore the electricity connection, the same was not considered and therefore, without any option, the petitioners lodged a Police complaint before R2 Kodambakkam Police Station on 12.12.2010. As there was no fruitful result from the Police complaint, the petitioners filed rent control petitions in R.C.O.P.Nos.37 and 38 of 2011 for restoration of the amenities, namely the electricity connection to their shops. In the said case, the petitioners filed interlocutory applications for interim restoration of the amenity under Section 17(3) of the Tamil Nadu Buildings (Lease and Rent Control) Act. The learned Rent Controller, on contest, allowed the petition in M.P.Nos.69 and 110 of 2011 on 17.2.2011. The second respondent has not restored the electricity connection.