V.Dheivasundari, v. The Superintending Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Dheivasundari ..
Petitioner Vs.
1.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Ltd, Erode Electricity Distribution Circle Erode - 638 009.
2.The Assistant Engineer Operation & Maintenance Tamil Nadu Generation and Distribution Corporation Ltd, Kanjkovil Perundurai Taluk Erode District.
3.P.Velusamy 4.M.Krishnamoorthy .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 and 2 herein to effect agricultural electric service connection in pursuance to the application
No.062/2013-2014 dated 08.07.2013 and the payment of Rs.1,00,450/- made by the petitioner on 11.04.2023 and pass such further or other orders. For the Petitioner : Mr.C.Munusamy For the Respondents : Mr.I.Syed Sibghatulla for RR1 & 2
ORDER
The Writ Petition is filed directing the respondents 1 and 2 to effect agricultural service connection pursuant to the application dated 08.07.2013.
2. It is the case of the petitioner that the application has been duly made by the petitioner and her seniority has now come and the applicant has also made a payment of Rs.1,00,450/- for effecting the service connection. Only with reference to erection of polls, the private respondents are unduly objecting. Even if there is no objection, it is for the respondents 1 and 2 to seek for appropriate police protection and erect the pole and effect electricity service connection to the petitioner.
3. When the matter came up for admission the learned counsel appearing on behalf of the respondents 1 and 2 submits that there is also a suit that is pending in O.S.No. 316 of 2011 on the file of the District Munsif, Perundurai.
4. On a perusal of the copy of the plaint, it is evident that the petitioner is not a party to the said suit. In any event, if the petitioner's title is disputed, the respondents 1 and 2 are still entitled to insist on an indemnity bond and proceed with providing the connection. If the issue pertains only to the erection of poles for the purpose of the connection, then, despite any objections, the respondents 1 and 2 must seek appropriate protection and effect the connection.
5. In view thereof, the respondents 1 and 2 shall take up the application of the petitioner dated 08.07.2013 and conduct an enquiry in respect thereof. Notices can also be issued to the petitioner, respondents 3 and 4 and the objectors and accordingly the matter be decided and if any protection has been sought, necessary protection can be provided to the respondents 1 and 2 by the jurisdictional police / authorities and the electricity service connection can be
effected. The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt / production of the website uploaded copy of this order, without waiting for the certified copy.
6. With the above directions, this Writ Petition stands disposed of. No costs.
22.04.2025 : Yes/No Jer To 1.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Ltd, Erode Electricity Distribution Circle Erode - 638 009.
2.The Assistant Engineer Operation & Maintenance Tamil Nadu Generation and Distribution Corporation Ltd, Kanjkovil Perundurai Taluk Erode District.
D.BHARATHA CHAKRAVARTHY, J.
Jer 22.04.2025