S.Jeganathan v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.9567 of 2019 S.Jaganathan ... Petitioner
Versus
1. The Superintending Engineer, Tamilnadu Electricity Generation and Distribution Corporation Circle, (TANGEDCO), Udumalaipettai & District.
2. The Executive Engineer, Distribution Circle /TANGEDCO, Udumalaipettai & District.
3. The Assistant Executive Engineer, Distribution Circle /TANGEDCO, Udumalaipettai & District.
4. The Junior Engineer, Rural/South/Distribution Circle, Tamilnadu Electricity Board, Udumalaipettai & District.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus directing the respondents 1 to 4 to give the electricity connection to petitioner's well situates in land in S.F.No.460/2 Kannamnayakkanur Panchayat, Marulpatti Village, Udumalaipettai District considering petitioner's representation dated 02.01.2019 within a time.
For Petitioner : Mr.N.Thiyagarajan, Senior counsel for M/s.Right Law Associates For Respondents : Mr.S.K.Raameshuwar
O R D E R
The petitioner herein, who claims to be the owner of the land in S.F.No.460/2, Kannamnayakkanur Panchayat, Marulpatti Village, Udumalaipettai District has sought for electricity
connection from the fourth respondent to his agricultural land under the Tatkal scheme and also paid a sum of Rs.2,50,000/- as earlier on 12.09.2017.
2.It is stated by the learned counsel for the petitioner in his affidavit that in spite of submitting all the requisite documents, till date the service connection is not provided, which has put in a great hardship and loss.
3.The learned counsel for the respondents would submit that the petitioner herein was intimated about the objections raised by some rival claimants regarding the title of the property bearing S.F.No.460/2 and therefore, the petitioner was directed to produce a certificate from the Tahsildar and computerised patta copy to process his application. Since the petitioner has not furnished the documents, has not proceeded to process the application.
4.The learned counsel appearing for the petitioner would submit that the Tahsildar has issued certificate as early as on 26.07.2018 and the same was furnished. However, he is ready to furnish afresh certificate from the Tahsildar along with computerised patta copy for the scrutiny of the fourth respondent. Since he is waiting for more than three years after depositing a sum of Rs.2,50,000/-, his application may be considered as early as possible.
5.In the light of the above submissions made by the learned counsel for the petitioner as well as the learned counsel for the respondent, it is suffice to direct the fourth respondent herein to consider the application of the petitioner and pass appropriate orders within a period of four weeks from the date of receipt of the application. The writ petitioner herein is permitted to furnish all the documents afresh as called for by the fourth respondent so as to enable him to consider his request. In any event, the fourth respondent shall not delay the process further and he shall pass orders within a period of four weeks from the date of receipt of the application from the petitioner.
6. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
Sd/- Joint Registrar (Judicial) //True Copy// Sub Assistant Registrar rpl
To
1. The Superintending Engineer, Tamilnadu Electricity Generation and Distribution Corporation Circle, (TANGEDCO), Udumalaipettai & District.
2. The Executive Engineer, Distribution Circle /TANGEDCO, Udumalaipettai & District.
3. The Assistant Executive Engineer, Distribution Circle /TANGEDCO, Udumalaipettai & District.
4. The Junior Engineer, Rural/South/Distribution Circle, Tamilnadu Electricity Board, Udumalaipettai & District.
+2 ccs to M/s.Right Law Associates, vide S.R.No.47593 W.P.No.9567 of 2019 MG(CO) SSM(14/06/2019)