R.Rajakannu v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.13750 of 2023 R.Rajakannu ... Petitioner Vs.
1. The Secretary to the Government, Electricity and Non-Conventional Energy Department, Fort St.George, Chennai - 600 009.
2. The Superintending Engineer, Kallakkuruchi - Electricity Distribution Circle, Kallakkuruchi District.
3. The Executive Engineer, Kallakkuruchi Electricity Distribution Circle, Pottiyam Division Kallakuruchi.
4. The Junior Engineer Kallakuruchi, Pottiyam Division Kallakuruchi.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2, 3 and 4 to provide free agricultural electricity service connection with the power of 5.0 H.P to the petitioner's agricultural land, in accordance with law.
For Petitioner :
Mr.D.Saikumaran For Respondents :
Mr.V.Manoharan Addl. Govt. Pleader for R1 Mrs.Daniel Mary for R2 to R4
O R D E R
This Writ Petition has been filed for a direction to the respondents 2, 3 and 4 to provide free agricultural electricity service connection with the power of 5.0 H.P to the petitioner's agricultural land, in accordance with law.
2. The case of the petitioner is that the petitioner's father (deceased) has given an application way back in the year 1991 vide Application No.034 dated 02.03.1991 to the Executive Engineer, TNEB, Kallakuruchi requesting free electricity connection to the agricultural lands comprised in Survey Nos.153/17, 162/7, Mayambadi, Pottiyam Village, Kallakuruchi District. Subsequently, his father expired on 04.11.2003.
Further, a reply letter dated 01.11.2010 from the Executive Engineer, TNEB, Kallakuruchi was sent stating that Application No.034 dated 02.03.1991 is accepted and free electricity for the agricultural lands will be provided. But, unfortunately, the said reply letter dated 01.11.2010 was received by someone and the same was misplaced in his house and found recently. Therefore, the petitioner sent a representation to the respondents on 25.03.2023 for availing free electricity connecion as per the said reply letter dated 01.11.2010. Since the representation dated 25.03.2023 has not been considered, the present Writ Petition has been filed.
3. Though very many grounds have been raised in the present Writ Petition, it would suffice, if this Court may issues a direction to the respondents to consider the petitioner's representation dated 25.03.2023 and pass appropriate orders, within a time frame that may be fixed by this Court.
4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Heard learned counsel appearing on either side and perused the materials placed before this Court.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation dated 25.03.2023 and pass appropriate orders, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 01.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Secretary to the Government, Electricity and Non-Conventional Energy Department, Fort St.George, Chennai - 600 009.
2. The Superintending Engineer, Kallakkuruchi - Electricity Distribution Circle, Kallakkuruchi District.
3. The Executive Engineer, Kallakkuruchi Electricity Distribution Circle, Pottiyam Division Kallakuruchi.
4. The Junior Engineer Kallakuruchi, Pottiyam Division Kallakuruchi.
M.DHANDAPANI,J.
vji and W.M.P.No.13750 of 2023 01.06.2023