P.Marudhai v. The Executive Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.01.2018
CORAM
THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.30901 of 2017 P.Marudhai ... Petitioner vs.
1. The Executive Engineer, Tamilnadu Electricity Board, Namakkal - 637 002.
2. The Assistant Executive Engineer, Tamilnadu Electricity Board, Erumaippatty, Namakkal District.
3. The Junior Engineer, Tamilnadu Electricity Board, Erumaipatty, Namakkal District - 637 013.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 23.10.2017 and provide electricity service connection to the petitioner land for agricultural purpose, based on application register No.A85/90-91 dated 13.06.1990. For Petitioner : Mr.M.Haseena Begam For Respondents : Mr.S.K.Rameshwar, Standing counsel
O R D E R
The petitioner seeks for a mandamus directing the respondents 1 to 3 to consider his representation dated 23.12.2017 and provide electricity service connection to the petitioner's land for agricultural purpose, based on his application dated 13.06.1990.
2. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents.
3. The grievance of the petitioner is that even though such application was made as early as in the year 1990, the respondents have not considered the request of the petitioner and provided the electricity service connection to the agricultural land belonging to the petitioner.
4. A counter affidavit is filed by the first respondent wherein it is contended that the petitioner's application was registered on 13.06.1990 being the application No.A85/90-91 on the basis of Special Preference Category and Preparation stage was registered on 11.04.2011 and that the petitioner's application was placed at 8th position in Major sequence. It is further contended that according to the seniority, the petitioner's application will be considered and service connection will be given to the petitioner.
5. Upon considering the above stated facts and circumstances and considering the particular fact that the petitioner has made the application as early as in the year 1990 and the respondents are keeping the matter pending for nearly 27 years, I do not think that the respondents are justified in informing this Court that the petitioner's application is kept under the seniority list and his turn has not come so far. I do not think that the respondents are correct in saying that the petitioner has to wait for some more time to get the service connection, especially, when the respondents had admitted that the petitioner has made the application as early as on 13.06.1990. Therefore, this writ petition is allowed and the respondents are directed to provide electricity connection to the petitioner's agricultural land as per his application dated 13.06.1990 within a period of four weeks from the date of receipt of a copy of this order. No costs.
s/d- Deputy Registrar True Copy Sub-Assistant Registrar vsi
To
1. The Executive Engineer, Tamilnadu Electricity Board, Namakkal - 637 002.
2. The Assistant Executive Engineer, Tamilnadu Electricity Board, Erumaippatty, Namakkal District.
3. The Junior Engineer, Tamilnadu Electricity Board, Erumaipatty, Namakkal District - 637 013.
+1 CC to Mr.M.Haseena Begam, Advocate sr 1484. W.P.No.30901 of 2017 SP(18/01/2018)