R. Venkatesan v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8156 of 2019 R.Venkatesan ...
Petitioner -vs1. The Superintending Engineer TANGEDCO Villupuram
2. The Executive Engineer (Distribution) TANGEDCO Villupuram
3. The Assistant Engineer (O&M) TANGEDCO, Panayapuram Vikravandi Taluk ...
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his proceedings in f.vz;/brbgh-tpep-tpk;- bjh/E/c/-nfh/GDP/ m/vz;/345-16 ehs; 15/10/2016 and quash the same and thereby direct the respondents to process the agricultural service connection application in Serial No.50 dated 24.4.1987 and to grant the agricultural service connection to the petitioner for his property in S.No.218/3B, Siruvallikuppam Village, Vikravandi Taluk with 7.5 HP.
For Petitioner :: Mr.N.Suresh For Respondents :: Mr.M.Varunkumar Standing Counsel
ORDER
Mr.R.Venkatesan claims to be an agriculturist and owning 0.33 1⁄2 cents of land in Survey No.218/3B, Siruvallikuppam Village, Vikravandi Taluk, Villupuram. He has applied for free agricultural service connection on 24.4.87 and the respondents have also registered his application in Serial No.50. After 21 long years, the petitioner received a letter from the second
respondent in the year 2008 stating that his request for agricultural service connection can be considered under the self financing scheme under which he would be liable to pay an amount ranging between Rs.10,000/- and Rs.50,000/- and he was also given an option to accept the same by paying a sum of Rs.500/- within 15 days to register his name under the said scheme. As the petitioner is a poor agriculturist, he was not able to pay the said money. As the free agricultural service connection will have to be granted in accordance with the serial number of registration, the petitioner expressed his inability to pay the amount ranging from Rs.10,000/- and Rs.50,000/- for getting the service connection. Therefore, the respondents should have considered his application for free agricultural service connection under the ordinary general category. But the respondents have not taken any action.
Therefore, the petitioner gave a petition to the District Collector on the grievance day, which was also forwarded to the first respondent. However, the Superintending Engineer (Distribution), TANGEDCO, Villupuram, the second respondent has wrongly passed the impugned order on 15.10.2016 stating that the request of the petitioner cannot be considered, as he failed to express his readiness and willingness to the letter dated 11.3.2009 sent by their office.
2. The learned standing counsel for the respondents submitted that since the petitioner was already informed by letter dated 11.3.2009 to submit his readiness and willingness certificate and till date, there is no response from his side, the request of the petitioner cannot be considered under the free agricultural service connection category.
3. Although the letter dated 11.3.2009 sent by the office of the second respondent was received and acknowledged by the petitioner, this Court, taking note of the fact that the petitioner is a poor agriculturist and also an illiterate farmer, hereby directs the respondents to consider the claim of the petitioner and do the needful for providing the free agricultural electricity service connection to the land in question as per his seniority from 24.4.87. With this direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar(V/O) //True Copy// Sub Assistant Registrar
ss To
1. The Superintending Engineer TANGEDCO Villupuram
2. The Executive Engineer (Distribution) TANGEDCO Villupuram
3. The Assistant Engineer (O&M) TANGEDCO, Panayapuram Vikravandi Taluk.
+1cc to M/S.N.Suresh, Advocate Sr.41845 +1cc to Mr.M.Varunkumar, Advocate Sr.40911 W.P.No.8156 of 2019 ppa[co] srg 28/05/2019