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Madras High CourtWP/1226/2022disposed of

Periyasithan v. The Tamil Nadu Electricity Board

2022-02-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1226 of 2022 Periyasithan ... Petitioner Vs.

1. The Tamil Nadu Electricity Board, Rep. by its Chairman, 10th Floor, N.P.K.K.R. Maligai, 144, Anna Salai, Chennai - 600 002.

2. The Assistant Executive Engineer / Junior Engineer, Tamil Nadu Electricity Board (TANGEDCO), Adhiyamaankottai, Dharmapuri District.

3. The Assistant Engineer (O & M), Tamil Nadu Electricity Board (TANGEDCO), Nallampalli, Nallampalli Taluk, Dharmapuri District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to provide electricity connection to the petitioners residence viz., Old Door No.1/322, New Door No.1/318-1, Semankottai (Gengalapuram), Pagalahalli, Nallampalli Taluk, Dharmapuri District, based on the Petitioner representation dated 11.12.2021.

For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.L.Jai Venkatesh

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to provide electricity connection to the petitioners residence viz., Old Door No.1/322, New Door No.1/318-1, Semankottai (Gengalapuram), Pagalahalli, Nallampalli Taluk, Dharmapuri District, based on the Petitioner representation dated 11.12.2021.

2.The case of the petitioner is that the petitioner has constructed a building in the subject property and is residing there along with his family members. There is no electricity service connection in the said property and the petitioner made application dated 20.07.2012 to the respondents seeking to provide electricity service connection to his residence and since the same was not considered, made representation dated 11.12.2021 to the respondent seeking to provide electricity service connection and since there is no response, has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that this Court without going into the merits of the case, may issue direction to the respondents to consider the petitioner's application dated 20.07.2012 and the subsequent representation dated 11.12.2021 and to pass appropriate orders within a reasonable time frame.

4.The learned Standing Counsel appearing for the respondents submitted that the petitioner's application dated 20.07.2012 and the subsequent representation dated 11.12.2021 will be considered in accordance with Section 27(4) of the Tamil Nadu Electricity Distribution Code, if the petitioner establishes his title before the Authorities and appropriate orders will be passed.

5.Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents.

6.In view of the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's application dated 20.07.2012 and the subsequent representation dated 11.12.2021, on merits and in accordance with law and if the petitioner establishes his title, pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

7.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar pri To

1. The Chairman, Tamil Nadu Electricity Board, 10th Floor, N.P.K.K.R. Maligai, 144, Anna Salai, Chennai - 600 002.

2. The Assistant Executive Engineer / Junior Engineer, Tamil Nadu Electricity Board (TANGEDCO), Adhiyamaankottai, Dharmapuri District.

3. The Assistant Engineer (O & M), Tamil Nadu Electricity Board (TANGEDCO), Nallampalli, Nallampalli Taluk, Dharmapuri District.

+1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.7023 +1cc to Mr.A.Ilayaperumal, Advocate, S.R.No.5827 W.P.No.1226 of 2022 KG(CO) SU(07/03/2022)