V.Dhanasekaran v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH V.Dhanasekaran ..
Petitioner vs
1. The Executive Engineer Tamil Nadu Electricity Board Narasimhanaickan Palayam Coimbatore - 641 017.
2. The Assistant Engineer Tamil Nadu Electricity Board Narasimhanaickan Palayam Coimbatore - 641 017.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus, calling for the records of the second respondent culminating in the impugned order the online communication by mail on 24.03.2025 cancelling application No.200031320325241 of the petitioner on 24.03.2025 and quash the same and directing the second respondent to provide the required service connection to the petitioner forthwith on the documents submitted by the petitioner.
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For Petitioner : Mr.N.Karthikeyan For Respondents : Mr.L.Jaivenkatesh Standing Counsel
ORDER
This writ petition has been filed challenging the impugned proceedings of the second respondent dated 24.03.2025, cancelling the application submitted by the petitioner seeking service connection on the ground that the petitioner must get an approval from the Local Planning Authority.
2. Heard Mr.N.Karthikeyan, learned counsel for the petitioner and Mr.L.Jaivenkatesh, learned Standing Counsel for the respondents.
3. It is seen from the records that the petitioner and his brothers are the owners of the property by virtue of three sale deeds registered as Document Nos.2764/2007 and 2765/2007 and 12232/2019. The petitioner intended to put up a building and accordingly, he applied for planning permission before the Karudampalayam Village Panchayat on 14.01.2020. The Village Page No.2 of 6
Panchayat, on scrutiny of the application, granted planing permission No.75 dated 20.07.2021. The building is for commercial purposes and after completion of the building, as per the approval plan, the completion certificate was obtained from the Panchayat under C.C.No.77 for the period 2023-24.
4. The petitioner, thereafter, submitted an application before the second respondent seeking LT service connection under the commercial tariff. This application has now been rejected on the ground that the petitioner must produce certificate from the Local Planning Authority. Aggrieved by the same, the present writ petition has been filed before this Court.
5. Under Regulation 27(1), it has been provided that service connection has to be given when the required documents are provided, which are necessary for getting LT connection. On going through the materials placed before this Court, it is seen that the petitioner has obtained planning permission on 20.07.2021 and also obtained completion certificate after the construction of the building from the Page No.3 of 6
concerned Panchayat. Hence, the second respondent ought to have acted upon the application seeking service connection, but the second respondent has insisted the petitioner to get certificate from Local Planning Authority. Such requirement is not contemplated under the Regulations and hence, this Court has to interfere with the impugned communication dated 24.03.2025 and the same is hereby quashed.
6. There shall be a direction to the second respondent to act upon the application submitted by the petitioner and to provide necessary service connection to the petitioner, if the petitioner has satisfied all the other requirements, within a period of four weeks from the date of receipt of a copy of this order.
7. If any other additional connections are required, it is left open to the petitioner to submit online application by paying necessary charges and the same will be acted upon by the second respondent based on the order passed in this writ petition. Page No.4 of 6
8. The writ petition is allowed with the above directions. There shall be no order as to costs.
03.07.2025 Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
drm To
1. The Executive Engineer Tamil Nadu Electricity Board Narasimhanaickan Palayam Coimbatore - 641 017.
2. The Assistant Engineer Tamil Nadu Electricity Board Narasimhanaickan Palayam Coimbatore - 641 017.
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N.ANAND VENKATESH, J.
drm 03.07.2025 Page No.6 of 6