A.K.Sampath v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.6268 of 2020 and WMP No.7385 of 2020 A.K. Sampath ... Petitioner
Versus
1. State of Tamil Nadu Rep by its Secretary, Energy Department, Fort St.George, Chennai - 600 009.
2. Tamil Nadu Generation and Distribution Corporation Ltd., Rep by its Chairman, Anna Salai, Chennai - 600 002.
3. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. Krishnagiri.
4. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. Shoolagiri Nagar Division, Krishnagiri District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the fourth respondent to consider the representation of the petitioner dated 05.07.2019.
For Petitioner : Mr.M.D.Thirunavukkarasu For Respondents: Mr.T.Sreenivasan Spl.Govt.Pleader For R.1 Mr.C.Jai Venkatesh Standing Counsel For R.2 to R.4
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the fourth respondent to consider the
petitioner's representation dated 05.07.2019 seeking for free agriculture electricity service connection for his property within a time frame to be fixed by this Court.
2. The petitioner claims that earlier his brother had applied for free electricity service connection in the year 2008. According to the petitioner, there was some family disputes and his brother did not give consent earlier for grant of electricity service connection in the name of the petitioner. Thereafter, the family members have entered into partition deed for the property, for which, the petitioner's brother applied for electricity service connection in the year 2008. The petitioner has submitted a fresh application on 05.07.2019 before the fourth respondent seeking for grant of electricity service connection in his name. The said application has not been considered till date.
3. Heard Mr.M.D.Thirunavukkarasu, learned counsel for the petitioner and Mr.T.Sreenivasan, learned Special Government Pleader for the first respondent and Mr.C.Jai Venkatesh, learned Standing Counsel for the respondents 2 to 4.
4. Learned Standing Counsel, on instructions, would submit that based on seniority, the petitioner's application dated 05.07.2019 seeking for grant of electricity service connection for his agricultural property will be considered on merits and in accordance with law.
5. Learned counsel for the petitioner, on instructions, would submit that the petitioner is satisfied with the submissions made by the learned Standing Counsel for the respondents.
6. After hearing the respective submissions from both the learned counsels, this writ petition is disposed of by directing the fourth respondent to consider the petitioner's application dated 05.07.2019 seeking for grant of free electricity service connection for his agricultural lands on seniority basis and pass orders on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sr
To
1. The Secretary, State of Tamil Nadu Energy Department, Fort St.George, Chennai - 600 009.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai - 600 002.
3. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. Krishnagiri.
4. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. Shoolagiri Nagar Division, Krishnagiri District.
+1cc to Mr.C.Jai Venkatesh, Advocate, S.R.No.41022 +1cc to the Government Pleader, S.R.No.39621 W.P.No.6268 of 2020 RLP(CO) CT/11/07/2022