Mettu Pasana Vivasaigal Sangam v. The Chairman Cum Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2017 CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH WRIT PETITION No.672 of 2017 Mettu Pasana Vivasaigal Sangam
...Petitioner
Rep by its President M.L.Padmanabhan Vs.
1. The Chairman Cum Managing Director, X floor, NPKKR Maligai, 144, Anna Salai, Corporation Limited, Chennai - 600 002.
2. The Chief Engineer, Planning and Resources Centre, VI floor, Eastern Wing, NPKKR Maligai, 144, Anna Salai, Corporation Limited, Chennai - 600 002.
3. The Superintendeing Engineer, Gobi Electricity Distribution Circle, Corporation Limited, Gobichettipalayam, Erode District.
4. The Executive Engineer, Corporation Limited, Gobi Distribution Circle, Uratchikottai, Bhavani - 638 202.
...Respondents
Prayer : The writ petitions filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other appropriate writ, order or direction in the nature of writ, calling for the records of the 4th respondent proceedings in letter No.EE/O&M/PA/TEC/GDD/ No.1221/16-17 dated 27.06.2016 quassh the same and consequently direct the 4th respondent to forthwith consider the application of the petitioner sangam dated 27.06.2016 and grant agricultural service connection to the petitioner sangam without insisting Government order and No object Certificate.
For Petitioners : Mr. P.Saravana Sowmiyan For Respondents : Mr.S.K.Rameshwar
O R D E R
The petitioner Sangam made an application, for service connection for agricultural purpose. By the impugned order, it was rejected on the ground that the petitioner has not produced 'No objection Certificate' and not feasible as per the relevant Government Order.
2.The learned counsel for the petitioner would submit that the service connection sought for is only for agricultural purpose for the well, whereas the learned counsel for the respondent would submit that it is meant for taking water from the River Cauvery.
4.This is a disputed question of facts, which cannot be gone into. Suffice, it is to state that the petitioner purchased a large extent of land by forming an association. As the petitioner has not been put on notice, this Court without going into the merits of the case, set aside the order impugned. 5.Accordingly, the order impugned is set aside and the writ petition is allowed. The respondent No.4 is directed to hear the petitioner and thereafter, take a decision. The respondent No.4 is directed to conclude the enquiry within a period of six(6) weeks of the receipt of a copy of this order. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To
1. The Chairman Cum Managing Director, X floor, NPKKR Maligai, 144, Anna Salai, Corporation Limited, Chennai - 600 002.
2. The Chief Engineer, Planning and Resources Centre, VI floor, Eastern Wing, NPKKR Maligai, 144, Anna Salai, Corporation Limited, Chennai - 600 002.
3. The Superintendeing Engineer, Gobi Electricity Distribution Circle, Corporation Limited, Gobichettipalayam, Erode.
4. The Executive Engineer, Corporation Limited, Gobi Distribution Circle, Uratchikottai, Bhavani - 638 202.
+1 cc to mr.P.Saravana Sowmiyan, advocate,sr.18595. rv(co) krd 11/4 WRIT PETITION No.672 of 2017