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Madras High CourtWP/16574/2022disposed of

M.Gowriammal v. The Executive Engineer

2022-06-30Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.16574 of 2022 M.Gowriammal

...Petitioner

-Vs1.The Executive Engineer, Operation and Maintenance (O&M), Tamil Nadu Generation and Distribution Corporation Limited, Mettupalayam, Coimbatore District.

2.The Assistant Engineer, Operation and Maintenance (O&M), Tamil Nadu Generation and Distribution Corporation Limited, Coimbatore North Circle, Kariyampalayam, Coimbatore District.

3.The Inspector of Police, Annur Police Station, Coimbatore District.

4.V.Gandhinathan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondents 1 and 2 to grant Agriculture Service Connection to the petitioner's land in S.No.679/3A situated at Masagoundanchetty Palayam Village in Annur Taluk, Coimbatore District in favour of the petitioner by processing the petitioner's service connection application dated 26.07.2012 in respect of service connection Register No.035/12-13 by granting necessary police protection by the third respondent to the 1st and 2nd respondent employees based on the communication dated 11.05.2022 within a time frame to be fixed by this Court.

For Petitioner :

Mr.T.Balachandran For Respondents :

Mr.Abdul Kalam Standing Counsel For R.1 and R.2 Ms.R.Murthi Govt.Advocate (Crl.Side) For R.3

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to grant agricultural service connection to the petitioner's land in Survey No.679/3A by processing the petitioner's service connection application dated 26.07.2012 in respect of service connection No.035/12-13 by granting necessary police protection by the third respondent to the employees of the respondents based on a communication dated 11.05.2022 within a time frame to be fixed by this court.

2. The petitioner has applied for agricultural service connection in his name for the aforementioned agricultural land belonging to him. The fourth respondent is his neighbour, who has objected to the grant of agricultural service connection in favour of the petitioner. The second respondent has also communicated to the petitioner that only due to the objection raised by the fourth respondent, the petitioner's application for grant of agricultural service connection has not been processed.

3. The petitioner has filed documents along with this writ petition to show that he is the owner of the property, which includes patta standing in her name. The second respondent seeks for police protection for grant of electricity service connection in the petitioner's name as the fourth respondent opposes the same.

4. No prejudice would be caused to the respondents if the petitioner's application dated 26.07.2012 seeking for grant of agricultural service connection in her name for the aforementioned property is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fourth respondent, including granting them the right of personal hearing.

5. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's application dated 26.07.2012, seeking for grant of agricultural service connection in his name for his agricultural land in Survey No.679/3A situated at Masagoundanchetty Palayam Village in Annur Taluk, Coimbatore District within a period of eight weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and the fourth respondent including granting them the right of personal hearing.

6. In case, police assistance is required by the second respondent for executing the final order, he shall seek the assistance of the third respondent, who shall provide the same to the second respondent accordingly.

7. With the aforesaid direction, the writ petition is disposed of. No costs.

Sd/- Deputy Registrar (CS) //True Copy// Sub Assistant Registrar sr To 1.The Executive Engineer, Operation and Maintenance (O&M), Tamil Nadu Generation and Distribution Corporation Limited, Mettupalayam, Coimbatore District.

2.The Assistant Engineer, Operation and Maintenance (O&M), Tamil Nadu Generation and Distribution Corporation Limited, Coimbatore North Circle, Kariyampalayam, Coimbatore District.

3.The Inspector of Police, Annur Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Balachandran, Advocate SR. No. 41287 W.P.No.16574 of 2022 GPL (CO) PR (13/07/2022)