S.Annamalai v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.7160 of 2022 S.Annamalai ... Petitioner Vs 1.The Superintending Engineer, Tamil Nadu Electricity Board, Kallakurichi, Kallakurichi District.
2.The Executive Engineer (Operation & Maintenance) Tamil Nadu Electricity Board, Thirukovilur, Kallakurichi District.
3.The Assistant Executive Engineer, Thiyagadurgam, Kallakurichi District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the 2nd respondent to provide agriculture electricity connection to the petitioner's agricultural land in Survey No.197/11B situated at Pallagacheri Village, Sankarapuram Taluk, Kallakurichi District, by considering the petitioner's representation dated 18.02.2022 preferred before the 1st to 3rd respondents an accordance with law within the time stipulated by this Court.
For Petitioner : Mr.S.Mohamed Ansar For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel
O R D E R
Ms.Keerthana Shenoi, learned counsel for Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is in possession of all the facts and particulars to enable final disposal of this writ petition finally even at this stage.
2. The petitioner seeks a mandamus directing the Executive Engineer (O&M) TNEB / R2 to provide agriculture service
connection to the petitioner's land in S.No.197/11D at Pallagacheri Village, Sankarapuram Taluk, Kallakurichi District (premises in question).
3. The petitioner, being a farmer refers to an application filed by his father on 09.03.2004 for an agriculture electricity connection at the aforesaid premises. He also holds an acknowledgment bearing Register No.518 dated 09.03.2004 for submission of the aforesaid application. He would also state that his father had been awaiting notice from the authorities for processing of the application, but there was no such notice till his demise on 16.08.2016.
4.When the petitioner approached R2 recently, the authority conceded to the position that the application had indeed been filed by his father, but that the same has been misplaced at their end.
5.Ms.Shenoi assures the Court that since admittedly, the application of the petitioner's father has been received and acknowledged by the authorities, copy of such acknowledgment available and placed at Page Nos.16 and 17 of the compilation accompanied with the typed set, for official purposes a duplicate application will be received from the petitioner, but this will in no way affect the priority of the petitioner or delay the process.
6. Thus, making it clear that the priority of the application must be taken from the date of acknowledgment which is 09.03.2004, and since the parties are already in the process of exchange of necessary particulars to enable the grant of electricity connection at the earliest, a direction is issued to R1 to receive the duplicate application from the petitioner, process the same and issue orders expeditiously and in any event within a period of four (4) weeks from today. 7.This writ petition is disposed in light of the aforesaid discussion. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vs
To 1.The Superintending Engineer, Tamil Nadu Electricity Board, Kallakurichi, Kallakurichi District.
2.The Executive Engineer (Operation & Maintenance) Tamil Nadu Electricity Board, Thirukovilur, Kallakurichi District.
3.The Assistant Executive Engineer, Thiyagadurgam, Kallakurichi District.
+1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.21414 +1cc to Mr.S.Mohamed Ansar, Advocate, S.R.No.20502 W.P. No.7160 of 2022 SPD(CO) SB(06/04/2022)