Muniyan v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Muniyan, M/a. 76 years, S/o. Periyamuniyan, Mettur Village, Jagathap Post, Kaveripattinam Taluk, Krishnagiri District - 635 112.
... Petitioner Vs
1. The Superintendent Engineer, TANGEDCO, Krishnagiri District- 635001.
2. The Divisional Engineer (O & M), TANGEDCO, Krishnagiri.
3. The Executive Engineer (O & M), TANGEDCO, Kaveripattinam,
4. The Assistant Engineer (O&M), TANGEDCO, Kaveripattinam,
5. The Inspector of Police, Kaveripattinam Police Station,
6. Vediyappan, S/o. Kariyan @ Vedi,
7. Duraiswamy, S/o. Kariyan @ Vedi,
8. Munuswamy, S/o. Kariyan @ Vedi,
9. Marimuthu, S/o. Karathikaran @ Vedi Respondents 6 to 9 are Residing at Mettur Village, Jagathap Post, Kaveripattinam Taluk, Krishnagiri District - 635 112.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 3 and 4, to provide Free Electricity Service Connection in favour of the petitioner in respect of agricultural land comprised in Survey No.346/1B, situated at Jagathap Village, Kaveripattinam Taluk, Krishnagiri District in light of the communication of the 3rd respondent issued a letter dated 27.12.2021, without insisting no-objection from the private respondents with adequate protection.
For Petitioner : Mr.C.Prabakaran For R1 to R4 : Mr.S.Madhusudhanan. ***
O R D E R
The writ petition is filed with a prayer to effect the agricultural connection in respect of the petitioners' land comprised in S.No.346/1B situated at Jagathap village, Kaveripattinam, Krishnagiri Taluk & district.
2. On a perusal of the material papers that are filed along with the writ petition, it can be seen that the petitioner is a farmer eligible for free connection. As per the free connection, now the connection is also sanctioned. For effecting the connection, it is necessary that poles have to be placed in the neighbouring land owner's land to carry the overhead line upto the petitioner's premises. It seems that the petitioner and the neighbouring land owners who are also arrayed as the party respondents in the writ petition are not in good terms and therefore, they are objecting to the same. It is further stated that the poles are already available for the single phase connection. The only thing is that the overhead lines for the three phase agriculture connection has to be drawn.
3. If the poles are already there and if overhead lines are to be drawn up, then the rights of the parties are not decided in this writ petition and therefore, this writ petition is disposed of at the admission stage itself, without notice to the party respondents 6 to 9. The 4th respondent shall conduct an enquiry by issuing notice to the petitioner as well as the respondents 6 to 9 formally and take a decision in accordance with the terms of supply and the powers that are granted to the Electricity Department to enter into any land and effect laying of poles as well as drawing of overhead lines.
4. The only thing is that before taking a decision an opportunity of hearing shall also be given to the respondents 6 to 9 and if the matter could be amicably resolved, the same can be resolved. If not, further proceedings shall be taken in accordance with law and then, the connection be effected. The entire exercise shall be completed within a period of three months from the date of receipt of the web copy of the order without waiting for the certified copy of the order.
5. With the above direction, this Writ Petition is disposed of. No costs.
19.02.2025 : Yes.
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1. The Superintendent Engineer, TANGEDCO, Krishnagiri District- 635001.
2. The Divisional Engineer (O & M), TANGEDCO, Krishnagiri.
3. The Executive Engineer (O & M), TANGEDCO, Kaveripattinam,
4. The Assistant Engineer (O&M), TANGEDCO, Kaveripattinam,
5. The Inspector of Police, Kaveripattinam Police Station,
6. The Government Pleader, High Court, Madras.
D.BHARATHA CHAKRAVARTHY , J.
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