Madras High CourtWP/11651/2019disposed of

P.Sekar v. The Superintending Engineer

2021-08-26Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.08.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.11651 of 2019 and WMP No.11887 of 2019 P.Seker

...Petitioner

Vs 1 The Superintending Engineer, (O and M) TANGEDCO Erode Electricity Distribution Circle, 949 EVN Road, Erode - 638 009.

2 The Executive Engineer (South) TANGEDCO, Erode South Distribution Circle, Erode - 638 009. 3 The Assistant Executive Engineer (O and M), TANGEDCO, Kodumudi Division, Salaipudur, Kodumudi Taluk, Erode District. 4 The Assistant Engineer (O and M), TANGEDCO, Kodumudi - 638151.

5 Poongothai

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the directing the respondents 1 to 4 to provide application for electricity connection receive filled in application grant domestic electricity connection to petitioners house bearing No.4 Main Street Karattampalayam Kodumudi Taluk Erode District by considering petitioners representation dated 27.03.2019 and 03.04.2019. For Petitioner : Mr.Prabakar R For Respondents : Mr.M.Abdul Kalam Standing counsel for R1 to R4 Mr.T.Sathya seelan for R5

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to permit the petitioner to submit the application for electricity service connection to the subject property.

2. The 4th respondent has filed a counter affidavit. The relevant portion in the counter affidavit is extracted hereunder :-

6. I submit that the TANGEDCO ready to effect electricity service connection if the petitioner providing an application to be submitted through online services and payment of the prescribed fees with the documents such as (i) Self attested copy of proof of ownership such as sale deed (or) gift settlement (or) allotment letter (or) computer patta (or) ownership certificate issued by revenue department officials (or) court judgement or recent property tax receipt. (ii) in case of joint property, self attested copies of proof of ownership along with parent documents specified in note (i) above and consent letters from co owners. If consent letter is not produced, an indemnity bond with enhanced security deposits (iii) if the applicant is not the owner, consent letter from owner in Form No.5 or valid proof occupancy and indemnity bond.

3. It is clear from the above that if the petitioner submits the on-line application and complies with the requirements as provided in paragraph No.6 of the counter affidavit, the 4th respondent will consider the application and provide the service connection, if it is in order. 4.

In view of the specific stand taken by the 4th respondent, the petitioner is directed to make the on-line application along with all the relevant documents and the 4th respondent shall consider the same and take a decision in accordance with the regulations and after considering any objections made by the 5th respondent.

This writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

rka To 1 The Superintending Engineer, (O and M) TANGEDCO Erode Electricity Distribution Circle, 949 EVN Road, Erode - 638 009.

+1cc to Mr.R.Prabakar, Advocate, S.R.No.43360 +1cc to Mr.M.Abdul Kalam, Advocate, S.R.No.43374 W.P.No.11651 of 2020 GSM(CO) CT(16/09/2021)