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Madras High CourtWP/9480/2020disposed of

P.Aandiyappan v. The Executive Engineer

2020-08-14Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9480 of 2020 P.Aandiyappan ... Petitioner Vs.

1.The Executive Engineer, TANGEDCO, Parathivelur 638 182, Paramathivelur Taluk, Namakkal District.

2.The Assistant Executive Engineer, TANGEDCO, Mohanur, Mohanur Taluk, Namakkal District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 20.05.2020 and 24.06.2020 by directing the respondents to give electricity agricultural service connection to the petitioner's borewell situated in S.No.65/1B2 Aandapuram Village, Mohanur Taluk, Namakkal District in the light of the order passed by this Court in W.P.No.6634 of 2019 dated 11.04.2019 and pass orders. For Petitioner : Mr.S.Doraiswamy For Respondents: Mr.N.Dhamodaran, Standing Counsel

O R D E R

The present writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representations made by the petitioner on 20.05.2020 and 24.06.2020 and to give electricity service connection to the bore well belonging to the petitioner.

2.When this matter came up for hearing on 21.07.2020, an order was passed by this Court directing the officials of Tamil Nadu Generation and Distribution Corporation Limited to cause an inspection in order to ascertain whether there is an individual bore well belonging to the petitioner in the property.

3.Mr.Dhamodaran, learned Standing Counsel appearing on behalf of the Tamil Nadu Generation and Distribution Corporation Limited, on instructions submitted that the inspection has been conducted and the application submitted by the petitioner will be considered based on the Inspection Report. 4.The learned counsel for the petitioner submitted that there is an individual bore well belonging to the petitioner in the property and only due to the non co-operation of the other co-owners. This bore well was dug by the petitioner instead of utilising the joint well.

5.This Court has carefully considered the submissions made on either side and the materials available on record. 6.Taking into consideration the facts and circumstances of the case and also of the fact that the inspection has already been conducted by the officials of the Tamil Nadu Generation and Distribution Corporation Limited, there shall be a direction to the second respondent to consider the representations made by the petitioner on 20.05.2020 and 24.06.2020 and immediately act upon the same based on the Inspection Report submitted by the officials and take a decision in accordance with law. This process shall be completed by the second respondent within a period of four weeks from the date of receipt of a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Executive Engineer, TANGEDCO, Parathivelur 638 182, Paramathivelur Taluk, Namakkal District.

2.The Assistant Executive Engineer, TANGEDCO, Mohanur, Mohanur Taluk, Namakkal District.

+1 CC to Mr.S.Doraiswamy, Advocate sr 26881.

W.P.No.9480 of 2020 SKS(CO) SP(31/08/2020)