K.Arunachalam v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.3694 of 2022 K.Arunachalam
...Petitioner
Vs 1.The Superintending Engineer, Tamil Nadu Electricity Board, Vengikkal, Thiruvannamalai District.
2.The Executive Engineer, Tamil Nadu Electricity Board, Vengikkal, Thiruvannamalai District.
3.The Assistant Executive Engineer, Southern Division, Tamil Nadu Electricity Board, Vengikkal, Thiruvannamalai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 02.02.2022 and to give electricity connection to the petitioner's Annathana Math and house situated at Survey No.44/16, Old No.590, New No.617/1A, Girivala Pathai, Kosalai Village, Adi Annamalai Panchayat, Thiruvannamalai Taluk and District on the basis of the recommendation letter dated 22.05.2018 sent by third respondent to second respondent. For Petitioner : Mr.D.Rajagopal For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.
O R D E R
Read this order in conjunction with order passed by this Court dated 24.02.2022, which reads as under:- "Ms.Keerthana Shenoi, learned counsel on behalf of Mr.L.Jaivenkatesh, learned Standing Counsel accepts notice for the respondents and seeks sometime to obtain instructions and file a counter.
2. The petitioner prays for electricity connection to the Annadhana Math and house situated at S.No.44/16, Old No.590, New No.617/1A, Girivala Pathai, Kosalai Village, Adi Annamalai Panchayat, Tiruvannamalai Taluk and District.
3. The petitioner would draw my attention to letter dated 22.05.2018 that has been issued by the Assistant Executive Engineer, Southern Division, arrayed as R3 in this regard, despite which, the request for electricity connection is still pending. He has filed a representation dated 02.02.2022.
4. Though normally this Court would not inclined to entertain Writ Petitions directing disposal of representation, seeing as it has been filed very proximate to the filing of the Writ Petition, since the recommendation by R3 has itself is more than 3 years ago, I am inclined to direct the learned counsel for the respondents to obtain instructions in this regard.
5.
List on 07.03.2022.
Counter/written instructions by then with an advance copy served upon the petitioner."
2. Learned Standing Counsel for the respondents states that the authorities are willing to consider the request of the petitioner upon furnishing of Indemnity Bond by the petitioner in terms of Regulation 27(4) of the Electricity Distribution Code, 2004.
3. Admittedly, the petitioner, who claims that he is in possession of the property in question, is required to produce documents to establish such claim. In addition, according to the learned Standing Counsel for the respondents, there are arrears in consumption of electricity charges.
4. Hence, upon the petitioner furnishing Indemnity Bond and the documents to establish the ownership of the property, the representation of the petitioner be considered favourably and orders passed within a period of eight (8) weeks from today.
5. Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Jeni/Svn To 1.The Superintending Engineer, Tamil Nadu Electricity Board, Vengikkal, Thiruvannamalai District.
2.The Executive Engineer, Tamil Nadu Electricity Board, Vengikkal, Thiruvannamalai District.
3.The Assistant Executive Engineer, Southern Division, Tamil Nadu Electricity Board, Vengikkal, Thiruvannamalai District.
+1cc to Mr.L.Jai Venkatesh, Advocate SR.No.16022 +1cc to Mr.D.Rajagopal, Advocate SR.No.15276 W.P.No.3694 of 2022 MT(CO) GMY(06/04/2022)