N.Gurusamy v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH N.Gurusamy ... Petitioner Vs
1. The Chairman & Managing Director, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, (O & M) TANGEDCO Erode Electricity Distribution Circle, No.948, E.V.N.Road, Erode, 638009.
3. The Assistant Executive Engineer, (O & M) TANGEDCO Erode Electricity Distribution Circle, No.948, E.V.N. Road, Erode-638009
4. The Assistant Engineer, TANGEDCO Erode Electricity Distribution Circle, Chennimalai Rural Section Chennimalai Via, Perundurai Taluk, Erode District.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent to consider the petitioner's representation dated 17.04.2023 and direct them to provide electricity service connection to the petitioner's residential home in Survey Pg.No.1/4
No.87/12 situated in Kandasamypalayam, Pasuvapatti Post - 638 051, Chennaimalai Via, Perundurai Taluk, Erode District, where the petitioner is living for the last 3 decades.
For Petitioner : Mr.T.Dhanasekaran For Respondents : Mr.Syed Sibgathullah Standing Counsel
O R D E R
Mr.Syed Sibgathullah, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission.
2. The petitioner has sought a mandamus directing the 4th respondent, being the Assistant Engineer, TANGEDCO Erode Electricity Distribution Circle to consider his representation dated 17.04.2023 and provide electricity service connection to the property in Survey No.87/12 situated in Kandasamypalayam, Pasuvapatti Post - 638 051, Chennaimalai Via, Perundurai Taluk, Erode District ('property'/'property in question').
3. The petitioner has made various factual averments in regard to his claim for possession of the property in question, some of which respondent counsel, on instructions, would dispute. Mr.Syed also draws attention to an order passed on 16.02.2023, prima facie finding the application of the petitioner Pg.No.2/4
unacceptable, since various requisite details, including property tax details have not been provided.
4. In fact, the petitioner has not filed a formal application in accordance with the relevant Rules and Regulation seeking electricity connection and is seem to be filing representation after representation seeking the relief. In such circumstances, no positive direction can be issued.
5. The petitioner is thus permitted to file an application enclosing requisite documents, including those mentioned in communication bearing f/vz; ,kpbgh-,ng-fp/br/kiy-vz; 171-23 dated 16.02.2023. Such application, if and when received, will be considered and necessary action taken in accordance with law and all applicable Rules and Regulations, within a period of four (4) weeks from date of receipt of the same.
6. This Writ Petition is dismissed though with liberty as aforesaid. No costs.
29.01.2024 Index : Yes / No Speaking order sl Pg.No.3/4
Dr.ANITA SUMANTH,J.
sl To
1. The Chairman & Managing Director, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, (O & M) TANGEDCO Erode Electricity Distribution Circle, No.948, E.V.N.Road, Erode, 638009.
3. The Assistant Executive Engineer, (O & M) TANGEDCO Erode Electricity Distribution Circle, No.948, E.V.N. Road, Erode-638009
4. The Assistant Engineer, TANGEDCO Erode Electricity Distribution Circle, Chennimalai Rural Section Chennimalai Via, Perundurai Taluk, Erode District.
29.01.2024 Pg.No.4/4