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Madras High CourtWP/7942/2025disposed of

Chandran v. The Assistant Engineer

2025-03-10Honourable Mr Justice D.Bharatha Chakravarthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.8918 of 2025 Chandran .. Petitioner

Versus

1. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

2. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

3. Vasudevan .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records 1/8

relating to the order passed by the 2nd respondent communication in Letter No.J.E./O&M/Ocheri/Ko.Independant/2024-25/No.159, dated 30.12.2024 and quash the same and further directing the 2nd respondent to provide electricity supply to the petitioner's land comprised in Survey No.220/B, New Survey No.220/B1, having an extent of 0.53 ares, Acre 1.31 cents at Aayarpadi village, Ranipet district without insisting for the no objection certificate from the 3rd respondent.

For Petitioner : Mr.V.M.Venkataramana For Respondents : Mr.S.Madhusudhanan, for RR-1 and 2

ORDER

This Writ Petition is filed challenging the communication, dated 30.12.2024 and to quash the same and to direct the second respondent to provide electricity supply to the petitioner's land comprised in S.No.220/B, new S.No.220/B1 having an extent of 0.53 ares in Aayarpadi village, Ranipet district.

2. The grievance of the petitioner is that when the petitioner had duly 2/8

applied for the agriculture connection belonging to the aforementioned land, the impugned communication is now issued. By the impugned communication, one of the documents, which is now sought for, is No Objection Certificate from the co-owner. The co-owner is not co-operating with the petitioner and whenever, the co-owner is not co-operating, it will be open for the petitioner to furnish an indemnity bond. Therefore, the petitioner is before this Court.

3. The learned Counsel for the respondent Nos.1 and 2, by the impugned order, the prayer of the petitioner is not rejected, but, only certain documents are sought for. Due application of mind will happen only after the documents are uploaded and they will consider the same in accordance with law. There is also yet another connection within the 10 meters radius, which is also to be considered.

4. I have considered the rival submissions made on either side and 3/8

perused the material records of the case.

5. By the impugned communication, dated 30.12.2024, the petitioner is only directed to produce six documents. There is no difficulty expressed by the petitioner in respect of document Nos.1 to 5 and therefore, he shall upload or produce the same before the respondent authorities. As far as the sixth respondent is concerned, it is settled even as per the terms of supply that if the co-owner is not granting consent, the petitioner can give a letter and thereafter, an indemnity bond to the respondent authorities and they will effect connection by taking into account the indemnity bond.

6. However, if there is any other impediment, the same will also be duly considered by the respondent authorities. The petitioner is given liberty to upload/produce the document Nos.1 to 5 and also an indemnity bond or a letter of undertaking in respect of document No.6 within a period of one week from the date of receipt/production of a web-copy of this order without 4/8

waiting for a certified copy of this order. Upon receipt of the said document/representation of the petitioner, the respondent authorities shall further act upon the prayer of the petitioner within a period of three weeks therefrom. If the petitioner's application is approved, needless to mention that the connection will be effected as per the seniority.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

10.03.2025 : no grs To

1. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

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2. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.No.8918 of 2025 7/8

10.03.2025 8/8