C.Chandrasekaran v. The Executive Engineer (O&M),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.29535 of 2015 C. Chandrasekaran

...Petitioner

v.

1. The Executive Engineer (O &M),

2. The Superintending Engineer ( O & M),

3. The Chairman,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus to direct the 1st respondent to consider the petitioner's application dated 10.04.2015 for transfer of name for providing free service connection based on the original application dated 0805.1998.

For Petitioner : Mr.Om Prakash for Mr. R. Prem Narayanan For Respondents : Mr. P. Gunaraj Standing Counsel

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's application dated 10.04.2015 for transfer of service connection in his name based on the original application dated 0805.1998.

2. It is the case of the petitioner that he had purchased the property from the legal heirs of one Maruthamuthu, in whose

name the agricultural service connection was granted by the respondents. Thereafter, the petitioner gave an application dated 10.04.2015 seeking for transfer of service connection in his name. Since the respondents failed to consider the same, the petitioner has filed the above Writ Petition.

3. Mr. P. Gunaraj, learned Standing Counsel appearing for the respondents submitted that the agricultural service connection provided to late Maruthamuthu was closed as early as in the year 2010 and the application seeking for transfer of the service connection was also closed in the year 2010 itself. In these circumstances, the prayer sought for by the petitioner cannot be granted.

4. Mr. Om Prakash, learned counsel appearing for the petitioner submitted that liberty may be given to the petitioner to seek for fresh agricultural service connection and on submission of the same, the respondents may be directed to consider the same and pass orders, in accordance with law.

5. Mr.P.Gururaj, learned Standing Counsel appearing for the respondents has no objection for giving such liberty.

6. For the reasons stated above I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to give a fresh application seeking for agricultural service connection in respect of his property in Survey No.86/9C in Suraikayur Village, Thiruvarur District, and on submission of the same, the 1st respondent is directed to consider the same and pass orders, as expeditiously as possible. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Executive Engineer (O &M),

2. The Superintending Engineer ( O & M),

3. The Chairman, +1cc to Mr.Prem Narayanan, Advocate in Sr.28761 W.P.No.29535 of 2015 MG(CO) RV(24/9/2020)