A.Nagaraj v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.02.2025 Coram THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Nagaraj S/o.Anjinappa .. Petitioner vs.
1. The Superintendent Engineer TANGEDCO Krishnagiri District - 635 001
2. The Divisional Engineer (O & M) TANGEDCO Rayakottai Road, Hosur Krishnagiri District - 635 109
3. The Executive Engineer (O & M) Tamil Nadu Electricity Board Thally, Krishnagiri District
4. The Assistant Engineer (O & M) TANGEDCO Thalli Denkanikottai Taluk Krishnagiri District
5. The Junior Engineer (O & M) TANGEDCO Thalli Denkanikottai Taluk Krishnagiri District 1/6
6. Avanna S/o.Anjinappa .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing Respondents 3 and 5 to provide Electricity Service Connection in petitioner's favour in respect of the petitioner's agricultural land comprised in Survey No.554/2, situated at Anniyalam Village, Denkanikottai Taluk, Krishnagiri District based on the petitioner's representation dated 22.11.2024. For Petitioner :
Mr.C.Prabakaran For Respondents :
Mr.S.Madhusudanan for R1 to R5 *****
O R D E R
This writ petition is filed to direct Respondents 3 and 5 to provide Electricity Service Connection in petitioner's favour in respect of his agricultural land comprised in Survey No.554/2, situated at Anniyalam Village, Denkanikottai Taluk, Krishnagiri District based on the petitioner's representation dated 22.11.2024.
2. The grievance of the petitioner is that already the petitioner has applied for service connection and the connection has been sanctioned. While providing the said connection, the sixth respondent had objected to the same. As a matter of fact, the sixth respondent has already filed a 2/6
suit, but there is no interim order. Therefore, it is incumbent on the part of Respondents 3 and 5 to effect the connection.
3. When the matter came up hearing, Mr.S.Madhusudanan, learned counsel taking notice on behalf of the Respondents 1 to 5 would submit that in spite of the objections, since there was no interim order in the suit, Respondent 3 and 5 fixed a particular date for erection of poles and has also prayed for police protection since the 6th respondent is objecting but neither the police turned up nor the petitioner was present on the said date and only on account thereof, the service connection could not be effected.
4. In view thereof and in view of the nature of the order that is being passed, this writ petition is disposed of in the admission stage itself without notice to the sixth respondent as the rights of the parties are not decided in this writ petition. If the sixth respondent is aggrieved in any manner, will be entitled to raise all contentions in the above suit and also move such application before the civil Court. That liberty of the sixth respondent is kept open. As far as the electricity connection is concerned, as per the terms of supply, on the mere objection or pendency 3/6
of the suit, the respondent cannot stop giving of the service connection. They have the right to enter into anybody's land and erect the poles. The only thing is that they need protection when there is objection.
5. In view thereof, this writ petition is disposed of with the following directions:
i) The respondent Authority shall fix a date for erecting the poles and also for drawing the overhead lines for effecting service connection within three weeks from the date of receipt of a copy of this order;
ii) The said date shall be intimated to the petitioner and the petitioner shall also cooperate and if the situation warrants, the Inspector of Police, Denkanikottai Police Station, Krishnagiri District is also directed to give police protection for erecting the poles and effecting service connection.
There shall be no order as to costs.
20.02.2025 Speaking Order: Yes gpa To
1. The Superintendent Engineer 4/6
TANGEDCO Krishnagiri District - 635 001
2. The Divisional Engineer (O & M) TANGEDCO Rayakottai Road, Hosur Krishnagiri District - 635 109
3. The Executive Engineer (O & M) Tamil Nadu Electricity Board Thally, Krishnagiri District
4. The Assistant Engineer (O & M) TANGEDCO Thalli Denkanikottai Taluk Krishnagiri District
5. The Junior Engineer (O & M) TANGEDCO Thalli Denkanikottai Taluk Krishnagiri District 5/6
D.BHARATHA CHAKRAVARTHY., J gpa 20.02.2025 6/6